Hirschler

“No Damages for Delay” Provisions Held Unenforceable

Thu, 28 Mar 2024 09:00:01 -0400

Before 1991, so-called “No Money Damages for Delay” provisions (or more simply “No Damage for Delay” provisions) were completely enforceable in Virginia construction contracts, both private and public. In other words, if a general contractor’s contract with an owner contained a provision stating that, if the project was delayed, even if the owner caused the delay, then the general contractor was entitled to only an extension of contract time and not to any monetary damages caused by the delay (such as extended overhead) -- such a “no damage for delay” provision was ...

NLRB ‘Joint Employer’ Rule Delayed Once Again

Matthew K. Sarfan, Andrew P. Sherrod, Jaime B. Wisegarver — Wed, 06 Mar 2024 09:00:02 -0500

On February 22, 2024, a federal judge in Texas issued a ruling delaying the implementation of the National Labor Relations Board’s new rule on joint employers. The rule—which will now be effective March 11, 2024—expands the current standard for determining joint-employer status. This expansion means that more employers will likely be subject to responsibilities and liabilities associated with workers who were not previously considered their employees.

AIA Construction Forecast Foresees Cooling Construction Spending

Kelly J. Bundy, Nathaniel L. Story — Wed, 24 Jan 2024 09:00:03 -0500

Spending on nonresidential construction will cool to a modest 4% increase in 2024, after experiencing a remarkable 20% increase in 2023, according to the most recent American Institute of Architects (AIA) Consensus Construction Forecast, published on January 11, 2024.

Virginia Mechanic’s Liens – “Merely Inaccurate” or “Invalid and Unenforceable”?

Fri, 22 Dec 2023 09:00:04 -0500

Virginia mechanic’s liens can be tricky, full of pitfalls, landmines, and traps for the unwary. One of those traps is the sometimes confusing and often misunderstood “150-Day Rule.” And a recent mechanic’s lien case from the City of Norfolk addresses not only the 150-Day Rule, but also the difference between (i) a “mere inaccuracy” in the memorandum of lien (which will not invalidate the lien), and (ii) a fatal inclusion of dollar amounts in the lien which will invalidate the lien and render it completely unenforceable.

Tools to Protect Construction Businesses from the Effects of a Third Party Bankruptcy

Kristen E. Burgers — Fri, 19 May 2023 09:00:05 -0400

As we near the mid-point of 2023, the economic outlook continues to remain uncertain at best. The Federal Reserve continues to raise interest rates, sending ripple effects throughout the markets. While the employment data continues to be strong in most sectors, inflation has only subsided minimally, leaving many to wonder what the remainder of 2023 will bring.

The Death of “Pay-When-Paid” in Virginia: Truth or Rumor?

Kelly J. Bundy, Courtney Moates Paulk, Nathaniel L. Story — Tue, 03 May 2022 09:00:06 -0400

Enactment of new statutory language directly addressing the impact of pay-when-paid provisions in Virginia will become effective January 1, 2023.

A New Trap for Unwary Contractors: Holding Payment on One Project for Claims in Another

Kelly J. Bundy, Courtney Moates Paulk, Nathaniel L. Story — Mon, 21 Mar 2022 09:00:07 -0400

New legislation now prevents Virginia contractors from withholding payment on one project to address claims or backcharges on another.

What Employers Need To Know About the OSHA Emergency Temporary Standard on COVID-19 Vaccination and Testing

Matthew K. Sarfan, Andrew P. Sherrod, Jaime B. Wisegarver — Fri, 05 Nov 2021 09:00:08 -0400

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standard (ETS) which requires large employers to implement certain vaccination or testing policies and other measures to protect employees from the spread of COVID-19. OSHA contemporaneously issued helpful FAQs.

Kelly Bundy Appointed to the Virginia Safety and Health Codes Board

Kelly J. Bundy — Mon, 23 Aug 2021 09:00:09 -0400

Hirschler is pleased to announce that construction law attorney Kelly Bundy has been appointed to the Virginia Safety and Health Codes Board by Governor Northam.

Jaime Wisegarver Outlines Labor Department Guidance on Travel Time Pay in Construction Executive

Jaime B. Wisegarver — Tue, 08 Jun 2021 09:00:10 -0400

In an article published May 28 in Construction Executive, Jaime Wisegarver details guidance from the U.S. Department of Labor (DOL) related to the compensability of travel time for non-exempt employees. While the question of whether businesses are required to pay employees for travel time continues to plague employers, the DOL opinion letter addresses the issue for non-exempt foremen and laborers in three scenarios.