The Library

We thought it might be good to review some issues that could result in claims on construction projects. Knowing what indicators to look for will help contractors spot problem areas that could develop into claims if not addressed and dealt with promptly. As discussed in other posts, good record-keeping is key to proving a claim. So, when these issues come up, a contractor needs to be very diligent in recording this information in its daily logs and project documents. There are many common trends that we see that cause claims on projects. The following list sets out the causes that […]

The Daily Beast is running a Q&A with Richard Posner called “How I Write.” Judge Posner is a brilliant and prolific writer. As a person who writes for a living, I was naturally intrigued. Also, I picked up the link from U of R Professor Kevin Walsh‘s Twitter feed (@kevincwalsh). Professor Walsh has a habit of sharing fascinating arcana, like the story behind the terrifying hat that Justice Scalia wore to the inauguration. Unfortunately, except for one incredible line, the Posner article is a bit of a let-down. Here’s the line: Hilarious. Also, Judge Posner writes about 90 opinions a […]

On September 12, 2013, the Supreme Court of Virginia surprised many by ruling that a motion to dismiss (demurrer) is not the proper procedure to challenge the enforceability of a noncompete agreement when a lawsuit is filed to enforce the agreement. Instead, the Court ruled that when one argues that the restrictive covenant is overbroad on its face and unenforceable as a matter of law, the court cannot issue a ruling solely on the pleadings but it must have a factual record. In Assurance Data, Inc. v. Malyevac, a unanimous Supreme Court reversed the trial court’s decision to grant a […]

When we think about copyright infringement, most often we think about someone copying some or all of a book or article. In the construction arena, an ever-evolving and seemingly more disputed copyright issue arises in claims related to the concept and design for buildings, including high-end homes. Recently, a custom home designer/builder (we’ll refer to that as the Plaintiff Designer) sued several defendants, including a husband and wife homeowners (we’ll refer to them as the Homeowners) in federal court in Norfolk for violations of federal copyright law. The Plaintiff Designer also sued the design firm that ultimately designed a Georgian-style […]

As part of an OSHA worksite inspection, who has a right to come onto your premises other than a federal OSHA inspector? Until recently, there were two possibilities. First, if the OSHA inspector determined there was “good cause” because of unique circumstances, a non-employee such as an industrial hygienist or safety engineer with specific expertise could be brought along. Second, if the workplace was unionized, then a union representative was allowed to accompany the OSHA inspector during the walk-around inspection. No one would ever have guessed that in a non-union worksite, an outside union agent might be permitted to accompany […]

I’ve been helping a few friends prep for their first oral arguments recently. It’s been a mutually beneficial exercise, because (1) it has forced me to think about what I do to prepare and why I do it, and (2) it reassured them that, if I can do this stuff, then anyone can. Looking back on those conversations, though, I realized that I’d forgotten to give my friends one of the most useful pieces of information: What they should actually bring with them to the argument. You see, if you argue enough appeals, you will eventually suffer every conceivable embarrassment […]

Employers have until the end of 2013 to take advantage of tax credits for hiring qualified veterans. The Work Opportunity Tax Credit (WOTC) is a tax credit offered private sector employers who hire individuals from certain targeted groups. These tax credits may range from between $1,200 and $9,600 per employee, depending on the target group of the new employee and the number of hours worked in the first year. Although some categories of the WOTC expired in 2012, the American Taxpayer Relief Act of 2012 (ATRA) extended the WOTC for hiring certain workers through December 31, 2013. ATRA extended the […]

Depressing fact of the day: The Fourth Circuit hears oral argument in about 9% of the roughly 5,000 cases it considers each year. For context, here’s the 2012 acceptance rate of each Ivy League school, according to Google: Harvard: 5.9% Yale: 6.8% Columbia: 7.4% Princeton: 8.5% Brown: 9% Dartmouth: 9.8% Penn: 12.3% Cornell: 16.2% So basically, the chance of the Fourth Circuit granting oral argument in any given case is about as good as the chance of a mid-tier Ivy granting admission to any given applicant. Only the very best, cream-of-the-crop cases evidently merit that consideration. But what does that […]

As a management employment lawyer, I am often asked to provide legal advice to a Virginia company as to a termination decision. If the company decides to terminate an employee, we typically then discuss how the decision will be communicated, including whether the company should notify the employee in writing. As a general proposition, a Virginia employer is not legally obligated to provide the employee with written notice of a termination decision. Some employers, however, prefer to do so. In addition, sometimes the employee will not be returning to the employer’s premises—in such a case, a termination letter is necessary. […]