The Library

Although construction lawyers pursue claims for their clients everyday, there are times when a contractor should not file a claim. A construction claim can provide a contractor with its fair compensation and most of the time pursing a valid claim is a contractor’s best course, but there are situations where it does not make good business sense – even when the claim is a strong claim. There are times when it makes more sense for a contractor to cut bait. The following list shows why it is important to be careful in thinking about claims from the beginning and throughout […]

This article appeared in the Summer/Fall 2013 issue of “Virginia Human Resources Today” magazine. In its Strategic Enforcement Plan published in December 2012, the EEOC identified 6 national priorities. One of these priorities is devoting more attention and resources to “emerging or developing” issues. The EEOC specifically identified “coverage of lesbian, gay, bisexual and transgender individuals under Title VII” as an emerging issue. What does this mean for employers? Let’s start with the EEOC’s seminal decision on April 20, 2012 in Macy v. Holder. Macy applied for a position at a federal agency. The agency told Macy it intended to […]

This article, co-authored by Paul M. Mahoney, the County Attorney for Roanoke County, and Gregory J. Haley, a partner at Gentry Locke Rakes & Moore, was published in the “Journal of Local Government Law”, Vol. XXIII, No. 3, Winter 2013, a publication of the Local Government Section of the Virginia State Bar. The purpose of this article is to keep Local Government Attorneys (“LGAs”) out of trouble. Sooner or later, every LGA will have the opportunity to defend the decision of his or her local governing body in a controversial land use matter. Some land use disputes evolve unexpectedly into […]

Employee Emily files a Title VII sexual harassment charge with the EEOC, and then a lawsuit in a Virginia federal court, against ABC Company. Emily alleges that she was subjected to egregious unwelcome comments and actions of a sexual nature in the workplace by Charlie. Charlie has the title of Lead Coordinator in Emily’s department and has the authority to direct Emily’s daily work activities. However, Charlie does not have the power to hire, fire, demote, promote, transfer or discipline Emily. A critical question in determining whether ABC may be liable is whether Charlie is considered a “supervisor” under Title […]

Little known to the public or to the average business (unless you are Martha Stewart, Scooter Libby, or Bernie Madoff) is the text of 18 U.S.C. § 1001(a), which provides for criminal penalties of substantial fines and imprisonment of up to five years for making any false statement to any federal authority. But, the legal regime of false statements is not so clear cut. Section 1001 makes it a crime if one “falsifies, conceals, or covers up by any trick, scheme or device a material fact” or if one “makes any materially false, fictitious, or fraudulent statement or representation” or […]

If you are a government contractor or subcontractor, you may be subject to various affirmative action obligations whether you know it or not. The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is tasked with enforcing these affirmative action obligations. The OFCCP continues to increase its enforcement efforts, particularly in the construction industry. During the Obama administration, the OFCCP has doubled the number of compliance evaluations for construction companies. The OFCCP will continue to target the construction industry because reports show that construction companies are more likely to be in violation of the affirmative action obligations. Are you […]

Two recent court opinions are of interest to Virginia construction lawyers and businesses. The first one relates to an assignment of a construction contract, and the second one to the enforcement of a mechanic’s lien where it has been “bonded off.” In Smart Choice Corp. V. Wayne’s Erecting LLC, Judge Conrad issued the opinion of the USDC for the Western District of Virginia concerning the defendant’s motion to dismiss. In this case, contractor M.D. Russell Construction entered into a contract with Wayne’s Erecting concerning the construction of an office building. M.D. Russell subsequently assigned this contract to Smart Choice. At […]

Developers have discovered the benefit of identifying early on if their projects are eligible to participate in tax incentive programs. The Federal Preservation Tax Incentives program alone has certified the rehabilitation of over 38,000 historic buildings, with investments totaling over $66 Billion for the rehabilitation of these historic properties. Following are some highlights of the federal and state historic rehabilitation tax incentive programs and the new market tax credit (NMTC) program. Historic Structures Federal and State Preservation/Rehabilitation Tax Credits programs are designed to encourage developers to rehabilitate historic structures, a choice that without incentives would often prove more expensive than […]

On May 15, 2013, the OFCCP issued a notice that federal supply and service contractors will be required to use the most recent race, ethnicity and sex data from the Census Bureau to develop written affirmative action plans commencing on January 1, 2014. The notice observed that federal regulations require contractors to calculate availability estimates based on the “most current discrete statistical information available.” Last November, the Census Bureau began releasing updated information in a series of tables that break down the U.S. labor force by sex, race and ethnicity. This information collected during 2006-2010 is referred to as the […]