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Virginia General Assembly Passes Law Prohibiting the Application of Pay-if-Paid Clauses on Both Public and Private Projects

Articles

During the 2022 Session, the Virginia General Assembly passed SB 550, which, among other things, prohibits the application of contingent payment or condition precedent payment clauses (known as “pay-if-paid” clauses) under most circumstances. The bill also establishes prompt payment clauses for prime contracts and subcontracts on private projects, whereas, Virginia’s Prompt Payment Act was formerly applicable only to public projects. The final language of the bill included a delayed enactment clause so that the statutory changes in SB 550 will not take effect until January 1, 2023. This delay gives project owners, developers, design professionals, general contractors, and subcontractors the opportunity […]

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Trucking Industry Dealt a Blow: What You Should Know

Articles

The question regarding whether a worker is properly classified as an independent contractor or employee is fraught with controversy, legal risk and uncertainty.   A recent case illustrates the issue in the trucking world. On June 30, 2022, the U.S. Supreme Court declined a petition for writ of certiorari filed by a group representing California’s trucking industry, California Trucking Association (“CTA”).  CTA’s petition sought to challenge a California worker classification law that will have a devastating impact on the trucking and transportation industries.  These industries are already in the midst of multiple, overlapping crises. The high court denied CTA’s petition challenging the […]

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Gentry Locke Welcomes Transportation & Business Partner John M. Scheib to Its General Commercial Practice Group

News

ROANOKE, Va. (July 11, 2022) – The Virginia law firm Gentry Locke is pleased to welcome John M. Scheib as a partner in its General Commercial Practice Group. He is the former Chief Legal Officer and a former senior executive of Norfolk Southern Corporation, and has extensive deal-making, legislative, regulatory, and business experience. Norfolk Southern is one of the nation’s premier rail transportation companies with $11.5 billion in revenues and operating approximately 19,500 route miles in 22 states and the District of Columbia. The company has approximately 27,000 employees. NYSE:NSC. “John is a leading business attorney with a nationwide reputation […]

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Beware the Duty to Defend Language in Contracts with Architects and Engineers

Articles

It is the job of the Virginia legislature to make and change the laws of our Commonwealth. Sometimes, these new or changed laws are plastered all over the news. More often than not, new and changed laws are put into effect with little to no publicity. Nevertheless, there they are, ready to be used as a tool, or weapon, when the time presents itself. Despite the world’s reaction to COVID-19, the Virginia legislature was hard at work in 2020. Part of its work included amending an existing law concerning indemnification provisions in contracts with design professionals. Historically, indemnification provisions included […]

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I-81 Advisory Committee Meeting July 7 at 1:00

News

The Interstate 81 Advisory Committee will be meeting Thursday, July 7, 2022, at 1 p.m. in the Shenandoah Room of the Hotel Roanoke. The meeting will be open to the public, and members of the public will have the opportunity to submit questions in-person, or by phone (by dialing 617-675-4444, followed by the PIN ‪323 329 033 9157#). The meeting agenda and related documents will be available at https://improve81.org/advisory-committee-and-meetings/advisory-committee/default.asp. The I-81 Advisory Committee provides advice and recommendations to the Commonwealth Transportation Board (CTB) regarding the development of the I-81 Corridor Improvement Program and the allocation of the $2 billion of […]

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Dean of William & Mary Law School
A. Benjamin Spencer Receives 2022
William R. Rakes Leadership in Education Award

News

Last Friday, June 17th, Dean Spencer was presented with the 2022 William R. Rakes Leadership in Education Award at the Virginia Bar Association Meeting in Virginia Beach. Dean Spencer actually presented Bill Rakes the inaugural Rakes award in 2012. This year, ten years later, Bill had the pleasure of returning the honor. The Rakes award recognizes an individual who has demonstrated exceptional leadership and vision in developing and implementing innovative concepts to improve and enhance the state of legal education, and in advancing relationships and professionalism among members of the academy, the bench, and the bar within the legal profession in Virginia. Read more […]

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Virginia Lawyers Weekly Has Named Todd Leeson a “Go-To Lawyer” for Employment Law

News

Gentry Locke partner Todd Leeson has been named a “Go-To Lawyer” in Employment Law by Virginia Lawyers Weekly. The “Go-To Lawyers” recognition program identifies the top lawyers in their practice across the Commonwealth. A “Go-To Lawyer” is so named because they are considered leaders in his or her field, they have enjoyed a record of success throughout their career, and they are the first person that comes to mind from referring attorneys and others in the legal profession. Todd Leeson oversees Gentry Locke’s employment practice – a group known for giving candid, realistic assessments and providing creative solutions. Clients rely […]

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Major Administrative Law Decision by the Virginia Supreme Court Tightens Agency Scrutiny, Increasing Likelihood of Delays, Remands, and Further Litigation in Contested Regulatory Matters

Articles

In one of the more significant Virginia administrative law decisions in recent years, the Supreme Court of Virginia held that the “harmless error” standard does not apply to most issues in administrative appeals, restricting the standard only to procedural defects.  The decision in Chesapeake Hospital Auth., d/b/a Chesapeake Regional Medical Center v. State Health Commissioner, et al., Record No. 201510 (Va. May 19, 2022) sweeps broadly, impacting judicial review of all agency decisions subject to the Virginia Administrative Process Act (“VAPA”).  The result is likely more delay, more uncertainty, and more litigation in regulatory matters, increasing regulatory risk for clients—particularly […]

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Gentry Locke Partner Andrew O. Gay Selected as Associate Fellow of the Construction Lawyers Society of America

News

LYNCHBURG, Va. (June 1, 2022) – The Virginia law firm of Gentry Locke is pleased to announce that partner Andrew O. Gay has been selected as an Associate Fellow of the Construction Lawyers Society of America (CLSA). The CLSA is an invitation-only international honorary association comprised of lawyers who specialize in construction law and related fields. Fellowship is limited and selective and is based on a proven record of excellence and accomplishment in construction law at both the trial and appellate levels, as well as superior ethical reputation. Andrew Gay is a partner in Gentry Locke’s Lynchburg office and a […]

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You’ve got it covered, right? Gentry Locke Partner Matt Broughton Discusses Insurance Policies, Coverage, and Umbrellas

Articles

Are you naked? Are you fully covered? Look, don’t be embarrassed. I’m talking about insurance. Let me ask again: Are you covered? In my work, I often talk to clients who don’t have enough insurance coverage. The problem is that many of them didn’t know they were naked — that is, they lacked adequate insurance coverage — until it was too late. They didn’t have enough coverage to protect their family or themselves, or enough to cover claims paid to someone they might have injured in an accident. They didn’t have enough coverage to replace a home that might have […]

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