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Amy Garber focuses her practice on construction and government contracts, and has significant experience in commercial litigation. She handles construction, arbitration, and litigation matters in the District of Columbia, Virginia, and the Fourth Circuit. In her construction practice, Amy has represented and counseled contractors in cases involving federal and state Miller Act and complex payment disputes, and effected removal, settlement, and/or dismissal of various claims. View articles by Amy

Balancing work and motherhood raises age-old questions for women in virtually every industry. Amongst these are how to navigate work during both pregnancy and the transition back to work after the baby is born, which present specific challenges ranging from physical/medical constraints to privacy and logistical concerns. Those challenges may be amplified for expectant and

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1, 2020) wage theft statute (Va. Code § 11-4.6) and applies to public construction contracts and private construction contracts that

You’ve Gotta Fight For Your Right To Get Paid: The Right To Stop WorkA contractor is halfway through the (timely) completion of a project and the owner’s payment is late. Days, weeks go by, and now the contractor is incurring all the costs of the work without any compensation. It might be tempting to simply walk off the job, but bear in mind that legally speaking, that might

STOP in the Name of Releases, Before They Break Your ClaimsGiven the uncertainty that COVID-19 has brought to federal projects, it is imperative now more than ever that contractors preserve rights to potential claims at all turns. Fortunately, with careful reading and documentation, contractors can satisfy the government’s desire for releases while preserving their claims. A recent Armed Services Board of Contract Appeals decision is

Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the release language is too broad, however, the agreement

To Reserve or Not to Reserve? Maintaining Claims against the GovernmentContractors do not have to waive future claim rights when negotiating the direct cost of a change order (modification) with the government, despite banter by the contracting officer that reservation of claims is not permitted. More often than not, the contracting officer will inform the contractor that it is necessary to incorporate the following language

Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to subcontractor “pass-through” claims based on broad language in subcontractor progress payment releases. In light of these

OSHA and Workplace Violence: What Contractors Need to KnowAlthough most contractors go to great lengths to promote jobsite safety, the fatal injury rate in the construction industry – which employs almost 6.5 million people – still exceeds that of any other U.S. industry. The Occupational Safety and Health Act (OSHA) has an entire section of regulations just for contractors. The OSHA regulations help

Contractors Beware: Subcontractor Exception to “Your Work” Exclusion May Not Save the Day

Commercial general liability (CGL) coverage for a general contractor is not guaranteed, even if property damage is all a subcontractor’s fault. Consider the following example: A general contractor builds a stadium for which a subcontractor builds the frame. After the project is complete, a wall collapses. An independent investigation reveals the subcontractor’s defective framing work