Blog: Opinions & Observations
COVID-19 Presents Construction Industry with Challenging New Legal Issues
April 15, 2020
Businesses who are engaged in construction related activities, whether on public or private projects, including owners, contractors, subcontractors, and material suppliers, as well as sureties under payment and performance bonds, can expect that there will be new and challenging legal problems resulting from the impact of the Coronavirus. While certain types of projects have been deemed to be essential, others have not, resulting in job shutdowns and...
Read MoreCOVID-19: Helpful Resources for Businesses and Individuals
April 13, 2020
(UPDATED April 22, 2020)Congress passed major legislation to address economic and health problems caused by the COVID-19 pandemic and is currently considering additional changes to the law. Government agencies are regularly providing regulations and guidance for businesses and individuals to understand how these laws affect them and what new benefits are available.We have compiled the links below to help clients and community members locate relevant...
Read MoreCOVID-19 and Contracts – Assessing Business Liability for Breach
April 07, 2020
COVID-19 and its effects are forcing businesses across the nation to critically analyze operations. Some are getting creative to keep operations going. Others are simply unable to move forward in the current business environment and are forced to cut their losses. If you unfortunately find yourself in the latter circumstance, one of the first things you should do is review your current contract, such as your commercial lease or supplier agreements, to...
Read MoreRelief for Businesses under the CARES Act
April 06, 2020
On March 27, 2020 the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law. The CARES Act provides numerous avenues for businesses to obtain financial assistance and relief as a result of the Coronavirus pandemic. The law is over 800 pages long and cannot be addressed in an article of this length. However, there are several program components that businesses should review and may find beneficial. This article...
Read MoreHow to Build a Pier in Virginia: Five Things Waterfront Property Owners Need to Know
April 01, 2020
Why Build a Pier?With spring in the air and summer fast approaching, many waterfront property owners have contacted our waterfront law team asking about the legal hurdles involved in constructing or expanding a pier or dock in Virginia. Having a pier attached to your waterfront property is highly desirable. Not only does it increase the property value of your home, but it also allows you to make the most of your waterfront location. A high-quality pier...
Read MoreWorker Safety During a Pandemic: Handling Employees’ Fear of Exposure and Employees with COVID-19
March 31, 2020
(Last updated April 6, 2020)The COVID-19 pandemic has resulted in unprecedented challenges for employers. While many retail establishments and other businesses have voluntarily or involuntarily shut down and many other organizations are allowing employees to work remotely, others are attempting to remain operating at full or reduced capacity. Those who are maintaining on-site operations may find that some employees refuse to come to work because of...
Read MoreCoping with Spousal or Child Support Issues During COVID-19
March 26, 2020
We are living through unprecedented times. Many states have issued orders to “shelter in place”. Our Governor has closed all non-essential businesses. One significant effect of these conditions is the loss of diminution of employment. As a result, people who are subject to court orders, may find themselves unable to pay their court ordered support be it spousal or child support.The first thing to remember is that support is pursuant to a court...
Read MoreWhat Employers Need to Know about the Families First Coronavirus Response Act
March 26, 2020
Last week, the President signed into law the Families First Coronavirus Response Act (“FFCRA”), the first of what promises to be a number of legislative enactments addressing the current pandemic. The FFCRA contains three specific laws that small to mid-sized employers should review: Public Health Emergency Leave, the Emergency Paid Sick Leave Act, and the Tax Credits for Paid Sick and Paid Family and Medical Leave. According to guidance published by...
Read MoreAn Overview of Virginia’s Fraudulent Conveyance Statutes and Case Law
March 19, 2020
A fraudulent conveyance is one undertaken “with intent to delay, hinder, or defraud creditors”. Va. Code § 55.1-400. Case law demonstrates that a court looks at the enumerated badges of fraud similar to a totality of circumstances analysis. In general, there are many facts and scenarios which the law interprets to be signs of fraud, and from which fraudulent intent may be inferred.I. Applicable Virginia LawUnder Virginia law, a fraudulent conveyance...
Read MoreMarketing and Job Search Requirements after a Workplace Injury in Virginia
February 07, 2020
After an injured employee suffers a workplace accident that is deemed compensable under the Virginia Workers’ Compensation Act, the employer is required to provide the injured employee with medical treatment for those compensable injuries. The employer must pay for the medical treatment that the injured employee receives for the injury. As part of this provided medical treatment, the injured employee’s treating physician will continually assess and...
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