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The Wright Toolbox

Welcome to “The Wright Toolbox,” a publication of the Construction Law Group at Wright, Constable & Skeen located in Maryland and Richmond, Virginia.  Our goal is to provide relevant and timely information for the construction industry with emphasis on the needs of construction business owners, officers and managers.  We are lawyers, but we recognize that we are writing for non-lawyers, so we will keep our articles straightforward and easy to read; no legalese or legal jargon.  We also know your time is valuable, so we will keep our articles short and to the point where possible.

The Latest Tool for Your Toolbox

  • July 15, 2021 – link
    • New Laws Took Effect July 1, 2021
  • July 1, 2021 – link
    • Building Immunity: COVID-19 Vaccines Amidst the Construction Industry
    • Safety First on the Fourth
  • June 17, 2021 – link
    • Virginia’s New Overtime Wage Act
  • June 3, 2021 – link
    • 2021 Maryland Law Updates
  • May 20, 2021 – link
    • American Rescue Act Expands FFCRA Leave Allotment
  • May 6, 2021 – link
    • An “Elegant” Solution to a Messy Problem: Federal Court Finds a Covered Loss under Virginia Law for COVID Losses Despite Virus Exclusion and Anti-Concurrent Causation Clause
    • Maryland General Assembly Provides New Opportunities and Guidelines for Government
  • April 15, 2021 – link
    • Employee Retention Tax Credit Update
    • Temporary Tax Deduction Increase to 100% for Business Meals
  • April 1, 2021 – link
    • OSHA Unveils Top 10 Violations List for FY 2020
  • March 23, 2021 – link
    • Lean Times: How to Prepare Your Company
  • March 18, 2021 – link
    • DOJ Issues False Claims Act Report For Fiscal Year 2020
  • March 4 – link
    • Certificates of Insurance
  • February 18 – link
    • Independent Contractor? Maybe Not Anymore: New Virginia Worker Classification Statutes Took Effect on January 1, 2021
  • February 4 – link
    • New Corporate Transparency Act Became Effective
  • January 21 – link
    • 2020 GOA Bid Protest Annual Report
  • January 7 – link
    • Can, And Should, Employers Mandate COVID-19 Vaccines?
  • December 17 – link
    • Don’t Get Bullied by the Government, Use Your “Illegal Exaction” Claim
  • December 3 – link
    • Don’t Get SLAPPed
  • November 18 – link
    • U.S. DOL Issues Proposed Rule on Independent Contractor Status
  • November 5 – link
    • “Build That Wall…Or, Actually, Don’t.” What Happens to Wall-Building Contractors if Biden Wins the Election? – read now
  • October 29 – link
    • New Rules Combine SBA 8(a) Business Development Mentor-Protégé Program with the All Small Mentor-Protégé Program – read now
  • October 15 – link
    • Four New Maryland Laws that took Effect October 1, 2020 – read now
    • Maryland’s Minimum Wage Set to Increase January 1, 2021 – read now
  • October 1 – link
    • New Executive Order Addresses “Race or Sex Stereotyping or Scapegoating” – read now
  • September 17 – link
    • New Appeal Process Established by the SBA for PPP Loan Forgiveness Determinations – read now
  • September 3 – link
    • New Interim Rules on the Government’s Ban on Tech From China – read now
  • August 20 – link
    • Business Interruption Insurance Coverage Update – read now
  • August 6 – link
    • Protesting The Space Between – read now
  • July 16 – link
    • To Arbitrate Or Not To Arbitrate, That Is The Question – read now
    • Employer Leave Donation Programs Benefiting COVID-19 Victims (IRC §170) – read now
  • July 2 – link
    • Virginia Supreme Court Says General Contractor Can Be Liable to Subcontractor’s Supplier for Unjust Enrichment – read now
    • New Laws for Virginia Employers – read now
  • June 18 – link
    • The DOD Increases Sole Source Contract Opportunities For 8(a) Contractors – read now
  • June 4 – link
    • Government Knowledge Defense to False Claims Act Suits – read now
    • U.S. Census Bureau Releases New Data on Minority and Women-Owned Businesses – read now
  • May 21 – link
    • Economic Toll of the Pandemic – read now
  • May 7 – link
    • Moving Forward – What Does Stage One of the Reopening Plans Look Like for Employers? – read now
    • Does COVID-19 Give Rise to an Impossibility Defense? – read now
  • April 16 – link
    • Paycheck Protection Program FAQ for Borrowers – read now
    • COVID-19 and Your Commercial Lease – read now
  • April 3 – link
    • Maryland Small Business COVID-19 Relief Programs – read now
    • Paycheck Protection Program Loans Under the CARES Act – read now
  • March 5, 2020 – link
    • You Might Have Cyber Coverage You Didn’t Know You Had – read now
    • Ban The Box Took Effect In Maryland On February 29, 2020 – read now
  • February 20, 2020 – link
  • February 6, 2020 – link
  • January 16, 2020 – link
    • The False Claims Act –  Qui Tam Actions an Overview – read now
    • DOJ Announces False Claims Act Recoveries in FY 2019 – read now
  • January 2, 2020 – link
    • President Trump Terminates Executive Order Requiring First Right of Refusal for Incumbent Staff – read now
    • Can a Later Contract Automatically Cancel a Prior Contract? It Depends on the Law of Novation? – read now
  • December 19 – link
    • Trying to Combat the Race to the Bottom, the DOD Limits LPTA Contracting Method – read now
    • 5 Tips to Address and Prevent Workplace Violence – read now
  • December 5 – link
    • Government Over-Inspection Could Be A Breach – read now
    • DOL Issues New Overtime Rule Effective January 1, 2020 – read now
  • November 21 – link
    • 2019 GAO Bid Protest Annual Report – read now
    • Virginia Contractors Looking to End “No Limits” Policy – read now
  • November 7 – link
    • When is a law not “The Law?” An Examination of Maryland’s Statute of Repose – read now
    • Don’t Ignore Your Contract Notice Provisions – read now
  • October 17 – link
    • Noncompete Agreements Now Illegal For Lower-Wage Maryland Workers – read now
    • Liquidated Damages – read now
  • October 3 – link
    • Maryland Court of Appeals Upholds Economic Loss Doctrine- read now
    • Contractual Indemnity Provisions for First Party Attorney’s Fees Are Enforceable? – read now
  • September 19 – link
    • The Automatic Stay in Bankruptcy – An Overview – read now
    • Preference Actions in Bankruptcy – “Zombie Claims” – read now
  • September 5 – link
    • Cyberattacks in Maryland Now Require New Notices – read now
    • What’s In Your Contract? – read now
  • August 15 – link
    • Baltimore County Year 2020 Comprehensive Zoning Process (CZMP) – read now
    • Government Contractor Suspended After Data Breach – Insufficient Cyber Security Could Be The End Of Your Business – read now
  • August 1, 2019 – link
    • A Primer on the Davis-Bacon Act – read now
    • Does a Commercial General Liability Policy Cover Defective Work by Others? – read now
  • July 18, 2019 – link
    • Sorry, I Think You Have the Wrong Number – Social Security No-Match Letters – read now
    • Pay-if-Paid vs Pay-When-Paid Clauses – read now
  • July 3, 2019 – link
    • Protest Deadline Triggered By Silence – read now
    • Do You Operate A Drone Or Use Drone Services In Your Business? Better Check Your Insurance Coverage – read now
  • June 20, 2019 – link
    • State Contractors, Be Prepared: Maryland’s Responsible Payment of Employee Health Care Expenses Act Will Become Law Effective July 1, 2019 – read now
    • Can’t We All Just Get Along – Cooperation Clauses in Insurance Policies – read now
  • June 6, 2019 – link
    • Out of the Ashes – Lessons Can Be Learned –read now
    • Who is Controlling Your Corporate Pocketbook? – read now
  • May 16, 2019 – link
    • It Ain’t Over Till It’s Over –read now
    • Department Of Labor Discretionary Suspensions And Debarments Just Became A Whole Lot Easier And Faster – That Is Probably Not A Good Thing! – read now
  • May 2, 2019 – link
    • When Opportunity Knocks, Answer The Door – New Opportunity Zones –read now
    • The New Maryland Minimum Wage After the “Fight for Fifteen” – read now
  • April 18, 2019 – link
    • Misery Loves Company; Your Subcontractor’s Employees Are Your Problems Too –read now
    • Spring Cleaning Priorities for Your Business – read now
  • April 4, 2019 – link
    • Out of State Companies Doing Business In Maryland –read now
    • Buy American Revamp – New Executive Order – read now
  • March 21, 2019 – link
    • 5 Hiring Danger Zones –read now
    • 2018 GAO Bid Protest Annual Report – read now
  • March 7, 2019 – link
    • Pre-Nuptial Agreements as a Business Value Protection Tool – read now
    • The Importance of Claim Notices and Lien Waivers –read now
  • February 21, 2019 – link
    • Employer Liability for Harassment Extends to Actions of Customers as Well – read now
    • Who Is An Additional Insured – Are You Covered? – read now
  • February 7, 2019 – link
    • OSHA Top 10 Violations for 2018 – read now
    • Work Environment for MBE Subcontractors is Important  – read now
  • January 24, 2019 – link
    • The Small Business Runway Is Clear For Takeoff – read now
    • What To Do When A Customer Files For Bankruptcy – read now
  • January 4, 2019 – link
    • ASBCA Makes Headway – read now
    • DOJ Issues False Claims Act Report For Fiscal Year 2018 – read now
  • December 2, 2018 – link
    • Are You Getting the Most Out of Your Performance Reviews? – read now
    • Mind Your State Registration – read now
  • December 6, 2018 – link
    • The Accidental Protest – read now
    • Contractual Statutes of Limitations: Are They Enforceable? – read now
  • November 15, 2018 – link
    • Federal Contractors Get Ready for Government Snooping – read now
    • When Should You Tell An Employee to “Suck It Up”? – read now
  • November 1, 2018 – link
    • General Contractors Beware Of Being Too Demanding – read now
    • Employer Notice for Background Credit Checks Changed – read now
    • Interviewers And Recruiters Beware – read now
  • October 18, 2018 – link
    • Is A Fire A Cardinal Change? – read now
    • When A Well Written Harassment Policy Is Not Enough – read now
  • October 4, 2018 – link
    • Teaming Agreements From the Subcontractor’s Perspective – read now
    • Missed It By That Much – read now
    • Employers Beware of Making Automatic Deductions From Employees’ Pay – read now
  • September 20, 2018 – link
    • EEOC Releases Latest Data – read now
    • Streamlined Three-Arbitrator Panel Option – read now
    • OFCCP Renewed Focus on Affirmative Action/EEO Compliance – read now
  • September 6, 2018- link
    • It is Time to Address the Potential Impact of Tariffs in Construction – read now
    • Pushing the Government Contracting Officer – read now
  • August 16, 2018 – link
    • EEOC Issues “Promising Practices for Preventing Harassment” – read now
    • A Reminder to Read the “Fine Print” in Insurance Policies – read now
  • June 18, 2018- link
    • When Does Maryland’s Construction Trust Statute Apply? – read now
    • Maryland Adopts New Sexual Harassment Law – read now