Blog: Opinions & Observations
February 09, 2015
by Alysha AllenSome of the most contentious child custody litigation involves the fight over whether a parent may relocate with a child.The Code of Virginia does not specifically address relocation of a custodial parent. As with any Virginia custody litigation, the paramount concern in relocation cases is the best interests of the child. Before a court permits a custodial parent to relocate with a child, it must determine that the relocation is in the...
Read MoreWalking Through a Subcontract Minefield Without Stepping on a Mine - January 2015
January 20, 2015
The typical standard form of subcontract agreement in use by general contractors throughout the country may contain a minefield of provisions which can prevent or make it difficult for subcontractors to get paid for their work or for changes in their work or for delays. Because, in most cases, general contractors are reluctant to eliminate or modify some of these provisions, it is important that subcontractors not only carefully read their subcontracts...
Read MoreWelcome Aboard! Residential Leasing to Military Families - November 2014
November 07, 2014
by Kathryn N. BylerThere are 27 military bases in Virginia with every branch of the service having at least one base. Quantico, Fort Eustis, and Naval Air Station Oceana are some of the installations that bring people and dollars to Virginia. Military personnel coming to the Commonwealth for a limited duration provide a steady market for rental properties. Both landlords and military tenants should be aware of special legislation and procedures designed...
Read MoreAdvance Directives - October 2014
October 17, 2014
by Jessica M. BoothIn Virginia, any adult who is capable of making an informed decision may, at any time, make a written advance directive to address health care in the event he or she is later determined to be incapable of making an informed decision. Written advance directives must be signed by the maker (the “declarant”) in the presence of two subscribing witnesses. Oral advance directives, in the presence of two witnesses, are permitted only if the...
Read MoreWho is a Large Employer Under Obamacare? - September 2014
September 05, 2014
The Patient Protection and Affordable Care Act (the “Act” (frequently referred to in common parlance as “Obamacare”)) requires, among other things that all “large employers” provide qualified health coverage for all of their full-time employees or pay an annual penalty (known as the Employer Shared Responsibility). A large employer is generally any employer with 50 or more full-time employees or full-time equivalents. Full-time employees are those...
Read MoreCivic League or Homeowners' Association - July 2014
July 29, 2014
by Jeffrey A. HunnHomeowners’ Association and a Civic Association … if there is one?” The homebuyer client often goes on to explain to me he/she will have to pay mandatory dues. He/she can’t find any information on the neighborhood website or in the By-Laws. I am forced to explain there are some very important differences between a Homeowners’ Association and a Civic Association.What is a Civic Association?A Civic Association (“CA”) is a non-profit...
Read MoreRevocation of Death Benefits by Divorce or Annulment and Federal Preemption - May 2014
May 22, 2014
by Jessica M. BoothUnder Virginia law (Va. Code § 20-111.1), upon the entry of a decree of annulment or divorce from the bond of matrimony on and after July 1, 1993, any revocable beneficiary designation contained in a then existing written contract owned by one party that provides for the payment of any death benefit to the other party generally is revoked. This general rule does not apply to the extent the decree of annulment or divorce or a written...
Read More"Separated" is Not "Divorced" - April 2014
April 22, 2014
by Anne C. LahrenSo your marriage is ending and you're eager to put the past behind you. Time for a rebound relationship!... or is it?For many reasons it is far better to abstain until after the divorce is final. It does not matter whether it was you or your spouse who initiated the separation or divorce action. In either scenario, things are more likely to remain civil and progress smoothly if you avoid bringing new romantic interests into the picture....
Read MoreA Gift from Congress for Small Businesses - March 2014
March 25, 2014
Included within the National Defense Authorization Act of 2014, which was passed by Congress on December 26, 2013 and signed by President Obama, is an amendment to the Small Business Act, which should be good news for contractors doing business with the federal government. Prior to this amendment, in a case of contracts for construction of any public facility exceeding $1,000,000, or $500,000 in a case of all other contracts, before any contract award,...
Read MoreJanuary 03, 2014
by Kristen R. Jurjevich.In forming a new business (whether an LLC, Corporation, etc.), often the focus lies on whether the name of the business passes muster with the State Corporation Commission (“SCC”). However, registering a business with the SCC merely gives one the right to do business in that particular state under that particular name. If you are interested in using a logo for your business or branding the goods or services that your business...
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