Real Cases in Real Estate By Andrea Lee Negroni, Esq. – January 25th, 2012 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Vandeventer Black LLP: Misrepresentation or Good Negotiation: KBR Hit With Multi-Million Dollar Verdict

By Neil Lowenstein Prime contractors often negotiate claims, including subcontractor pass-through claims, with owners. This can put the prime contractor at odds with its subcontractors, depending upon what the owner is willing to negotiate, for how much, for what, etc. A recent Fourth Circuit...

Vandeventer Black LLP: HB1265: Significant VA Mechanic's Lien Change Bill Pending

By Neil Lowenstein Del. Purkey has advanced HB1265 to require pre-notification of intention to file mechanic's liens by contractors at least 60 days in advance before filing the lien. If passed, this bill would have a significant impact upon current Virginia mechanic's lien law, and have significant...

Workers' Comp Fraud Blotter (3/8/2012) – Former Elected Official With Wet Hair Indicted on Federal Fraud Charges

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Who Is Securing the Texas Border? How Private Contractors Mislead the Public, Then Get Rich Off Taxpayer Money

"It would be hard to exaggerate the degree to which Governor Perry and DPS Chief McCraw have outsourced state border-security, homeland-security, and public-safety programs to Washington Beltway contractors." - Tom Barry, Mar. 12, 2012 .

Sheppard Mullin Richter & Hampton LLP: Federal Courts Overrule GAO and Require Reinstatement of Low Bidder

By Bram Hanono Contractors who file a bid protest challenging a federal contract award can do so in one of three forums: (1) the agency whose procurement decision is being challenged; (2) the Government Accountability Office ("GAO"); or (3) the Court of Federal Claims ("COFC")...

Troutman Sanders LLP: Construction Owner, General Contractor and Subcontractor Held Liable For Sub-Subcontractor Failure to Procure Required Liability Insurance

A recent decision by the Georgia Court of Appeals opens up a new (and potentially troubling) avenue for relief in cases involving personal injury and property damage caused by downstream subcontractors on a construction project. If not overturned, this decision would expose Georgia owners, prime contractors...

Vandeventer Black LLP: Subcontractor Not Third Party Beneficiary to Prime Contract

By Neil Lowenstein In Environmental Staffing Corp. v. B & R Construction Mgmt. , 283 Va. ___ 111067, ___ S.E.2d ___ (2012) [ enhanced version available to lexis.com subscribers ], just recently decided by the Virginia Supreme Court on April 20, 2012, the court held that a subcontractor was...

Vandeventer Black LLP: Am I Really Responsible for That?

By Neil Lowenstein Landowners hire contractors to perform work for the landowner. Contractors then typically hire multiple subcontractors to perform various portions of that work. And, subcontractors then hire sub-subcontractors to perform various portions of their work. And, so on depending upon...

Steptoe & Johnson PLLC: Contractor Can Challenge Poor Performance Evaluation by Government

By Eric J. Hulett A poor performance evaluation of a contractor on a federal project is a ticking time-bomb waiting to explode on that contractor in future contract bids and can be "potentially devastating to a contractor[.]" Todd Const. L.P. v. U.S. , 85 Fed.Cl. 34, 42 (2008) [ enhanced...

Michael T. Callahan on Greg Opinski Construction, Inc. v. City of Oakdale

In this Analysis, Michael T. Callahan discusses Greg Opinski Construction, Inc. v. City of Oakdale , 199 Cal. App. 4th 1107 (Cal. App. 5th Dist. 2011) [ enhanced version available to lexis.com subscribers ], in which the California Court of Appeal held that a contractor could not defend an owner's...

Michael T. Callahan on American Underground Eng'g, Inc. v. City of Syracuse

In this Analysis, Michael T. Callahan discusses Am. Underground Eng'g, Inc. v. City of Syracuse, 2011 U.S. Dist. LEXIS 117102 (N.D.N.Y Oct. 7, 2011) [ enhanced version available to lexis.com subscribers ], finding that a contractor presented no proof how its home office overhead was affected by...

Sheppard Mullin Richter & Hampton LLP: Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims

By Edward Lozowicki and Scott Vignos Can a supplier of construction materials be considered a "subcontractor" for purposes of enforcing its claim on a public works payment bond? The answer is "yes" according to a recent decision of the California Court of Appeal. In Eggers Industries...

Duane Morris LLP: New E-Verify Requirement for Pa. Public Works Contractors, Beginning January 1, 2013

On July 5, 2012, Pennsylvania Gov. Thomas Corbett signed into law S.B. 637 , requiring state public works contractors and subcontractors involved in projects of more than $25,000 to use E-Verify starting on January 1, 2013, or they will lose their right to contract with the Commonwealth of Pennsylvania...

Duane Morris LLP: New E-Verify Requirement For Pennsylvania Public Works Contractors, Beginning Jan. 1, 2013

On July 5, 2012, Pennsylvania Gov. Thomas Corbett signed into law S.B. 637 , requiring state public works contractors and subcontractors involved in projects of more than $25,000 to use E-Verify starting on January 1, 2013, or they will lose their right to contract with the Commonwealth of Pennsylvania...

Ballard Spahr LLP: Pennsylvania Contractors Must Use E-Verify To Check Employee Eligibility

By Patrick J. Harvey and Rebecca L. Massimini The recently signed Public Works Employment Verification Act requires contractors and subcontractors on public works projects in Pennsylvania to verify the employment eligibility of newly hired workers using the Department of Homeland Security's E...

Workers’ Comp Fraud Blotter (9/27/2012) – Businessman Convicted in $3.1M Workers’ Comp Fraud Case

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Sheppard Mullin Richter & Hampton LLPS: Knowingly Underbidding For Government Contract May Lead to False Claims Liability

By Robert Surgeon Contractors usually assume that the statutory prohibition on submitting "false claims" refers to inflated invoices, phony change order costs, and the like. However the courts are giving the relevant statutes a broader meaning which public works contractors should take into...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (2/11/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS : Study Finds High Correlation Between Mental Illness and Smoking . US Dept of Labor Cracks Down on...

Vandeventer Black LLP: Subcontractor's Quantum Meruit Claim Irreconcilable With Breach of Contract Claim

EDVA Dismisses Quantum Meruit Claim as Irreconcilable With Breach of Contract Claim and Also Dismisses Claimed Private Right of Action to Enforce Alleged FAR Violation By Neil Lowenstein Judge Turk, Senior District Judge for the United States District of Virginia, Roanoke Division, issued a recent...

Williams Mullen: Construction Local and State Tax Issues

BY: STEPHANIE LIPINSKI GALLAND Every business has an accountant or finance resource. This resource spends 150% of his or her time handling the cash flow, paying the bills, and filling out the requisite federal income tax returns. What is usually missing is time to focus on state and local taxes...

Split U.S. Supreme Court: Contractors, Subcontractors Protected Under Sarbanes-Oxley

WASHINGTON, D. C. — (Mealey’s) The whistle-blower protection provision of the Sarbanes-Oxley Act (SOX) protects “employees of private contractors and subcontractors, just as it shelters employees of the public company served by the contractors and subcontractors,” a split U.S...

The Joy of SOX: What Employee Activity Is "Protected"?

Now that the Supreme Court has decided that the retaliation provisions of the Sarbanes-Oxley Act apply, not only to employees of publicly-held companies, but also to employees of contractors who do work for publicly-held companies , I thought it might be helpful to review exactly what type of activity...

PA Supreme Court Reverses Bricklayers Mechanics’ Lien Case

On April 17, 2014, the Pennsylvania Supreme Court, [ enhanced version available to lexis.com subscribers ], issued its long-awaited decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co. , and reversed the Superior Court decision which held that a union trust...

Pennsylvania Court Determines if Union Trustees Have Standing to File Mechanic’s Lien

By Martin J. Saunders, Of Counsel. Pennsylvania, like many states, has a mechanic’s lien statute to ensure that contractors and subcontractors who make improvement to property will be paid for the labor and materials they furnish in the erection, construction, alteration or repair of property...