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News, attorney articles, seminars & events and case studies.

Owner/Constructor Agreements and Justifiable Construction Delays

Articles

We recently wrote about COVID-19 related delays, and providing notice of such delays, here. When reviewing the delay clauses in your contracts, you need to pay attention for the delaying events that are excusable, as well as those that are compensable. The Executive Director and Senior Counsel for ConsensusDocs (Brian Perlberg, Esq.) recently pointed out that Section 6.3.1(j) of the “ConsensusDocs 200 Owner/Constructor Agreement with General Conditions” specifically allows for delays that are “reasonably due to epidemics.” See: https://www.consensusdocs.org/consensusdocs-addresses-coronavirus-delay-risk-explicitly-other-standard-documents-do-not/?utm_source=informz&utm_medium=email&utm_campaign=informz_email&_zs=ICd0d1&_zl=n51d6 Mr. Perlberg also pointed out that although the AIA documents, and other standard construction contract forms, do not expressly mention epidemics […]

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Employer Alert: Pursuant to Families First Coronavirus Response Act, DOL issues Notice that Covered Employers are Required to Post

Articles

Written by Todd A. Leeson and Kelsey Martin, Gentry Locke Attorneys March 25, 2020   Today (March 25, 2020) the Department of Labor Wage and Hour Division (WHD) released the Notice outlining employee rights under the Families First Coronavirus Response Act that covered employers are required to post.  WHD also published a helpful “Frequently Asked Questions” (FAQ) document regarding the required posting.  The Notice and FAQ can be found here (scroll down to Posters section). https://www.dol.gov/agencies/whd/pandemic The Notice must be posted on or before April 1, 2020, in a conspicuous place on the employer’s premises.  With many employees teleworking during […]

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Paycheck Protection Program

Articles

The following summary of the Department of Treasury’s initial guidance related to the  Paycheck Protection Program should be read in connection with the following: 4/13/2020 Update: The Treasury Department Clarifies Confusion Concerning PPP Eligibility for Small Businesses 4/3/2020 Update: Interim Final Rule Paycheck Protection Program 4/1/2020 Update: Paycheck Protection Program Update 3/27/2020: Paycheck Protection Program   Initial Guidance and Form Application published by Department of Treasury and the Small Business Administration Late on Tuesday, March 31, 2020, the Department of Treasury and the Small Business Administration issued initial guidance related to the Paycheck Protection Program. Included in this guidance is […]

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Financial Institutions and Business Lending: Creditors’ Rights

Articles

In the short time since the World Health Organization’s naming of the COVID-19 virus and its declaration of the spread of the virus as a pandemic, the social and economic systems that Americans have come to know have experienced seismic changes. For the foreseeable future, those swift changes are and will continue to affect how financial institutions and other business entities that extend credit to their customers conduct their business. It is important that those changes are met with equally swift recognition by each financial institution and business entity of how the changes are affecting their business and with the […]

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The Governor’s New Executive Order: What’s Closing and What’s Not

Articles

Virginia Governor Ralph Northam has continued to provide near daily updates on Virginia’s response to the coronavirus, with the latest action coming in a sweeping Executive Order on March 23 strictly curtailing retail activity. Executive Order #53, in addition to closing all K-12 public schools for the remainder of the year, bans all gatherings of more than 10 people, strictly limits restaurants and bars to carry-out or delivery only, closes a number of “non-essential” businesses, and places further restrictions on other retail establishments. The order is effective for the next 30 days, until April 23, 2020. But perhaps more importantly […]

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Small Business Administration Economic Injury Disaster Loan Program and Application Process

Articles

U.S. SBA Economic Injury Disaster Loan (EIDL) Summary for Small Businesses and Nonprofits The public health emergency resulting from the Coronavirus/COVID-19 pandemic is causing unprecedented challenges to small businesses in many industries. To assist small businesses suffering substantial economic injury as a result of the Coronavirus pandemic, the U.S. SBA is offering small businesses operating in certain designated states, including Virginia, low-interest federal disaster loans for working capital, under the Coronavirus Preparedness and Response Supplemental Appropriations Act recently passed by the U.S. Congress and signed into law by the President. In response to a request from Virginia Governor Ralph Northam, […]

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New Procedures for Virginia Unemployment Benefits in Wake of COVID-19

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The Virginia Employment Commission (VEC) recently issued new guidance regarding the availability of unemployment benefits during the COVID-19 pandemic. As businesses continue to face the possibility of limiting hours and staff, employers may be able to structure furloughs and reduced hours to maximize unemployment benefits to employees. Employees can file for unemployment compensation benefits due to reduction in hours or loss of employment. For claims related to a reduction of hours, the claimant’s gross earnings for the week must be less than the weekly VEC benefit amount. The maximum weekly VEC benefit is $378. Depending on an employee’s earnings, the […]

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It’s a Trap!: Virginians should either file their federal tax returns prior to May 1 or request an extension

Articles

The Treasury Department and Internal Revenue Service recently announced that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020. All the major news outlets are reporting about this COVID-19 emergency extension. However, Virginians should not be lulled into complacency.  Although Virginia has granted a one-month extension for payment of individual and corporate state income taxes, these tax returns are still due May 1. Because the calculation of Virginia income tax is based largely on the computations of federal tax items, it would be impractical to file Virginia tax returns by the […]

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Workplace Cleaning and Disinfection Recommendations

Articles

Among the issues employers need to be considering is what steps need to be taken in advance of learning that an infected employee has been in the workplace, and also what its protocols will be if an infected employee has been in the workplace for a period of time prior to discovery. The most current guidance on how to clean and disinfect the workplace issued by the Center for Disease Control and Prevention (CDC) was issued April 1, 2020.  All employers are strongly encouraged to check this website periodically to make sure that you are following the most current guidance. […]

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