A new Virginia law has made general contractors on large projects liable for the wages of subcontractors’ employees.
The statute’s main provisions are as follows:
· Makes the general contractor—and all tiers of subcontractors working on the project—contractually liable to pay their subcontractor’s employees’ wages
· Requires payments equal or to exceed those required by applicable statutes, such as Virginia’s Minimum Wage Act and the federal Fair Labor Standards Act
· Deems contractors to be the employers of their subcontractors’ employees for purposes of Virginia Code § 40.1-29, which imposes criminal liability and civil penalties for failing to pay employees’ wages when due
· Gives all employees the right to sue jointly or as a class action, imposes liquidated damages equal to the wage amounts owed, awards reasonable attorney’s fees, and—in cases of willful violations—imposes triple damages.
The statute applies to contracts entered into after July 1, 2020. It governs construction projects valued at $500,000 or more. The new law does not apply to single-family residential construction projects.
Related Stories
Affordable Housing | May 17, 2023
Affordable housing advocates push for community-owned homes over investment properties
Panelists participating in a recent webinar hosted by the Urban Institute discussed various actions that could help alleviate the nation’s affordable housing crisis. Among the possible remedies: inclusionary zoning policies, various reforms to increase local affordable housing stock, and fees on new development to offset the impact on public infrastructure.
Sponsored | Building Enclosure Systems | May 16, 2023
4 steps to a better building enclosure
Dividing the outside environment from the interior, the building enclosure is one of the most important parts of the structure. The enclosure not only defines the building’s aesthetic, but also protects occupants from the elements and facilitates a comfortable, controlled climate. With dozens of components comprising the exterior assemblies, from foundation to cladding to roof, figuring out which concerns to address first can be daunting.
Multifamily Housing | May 16, 2023
Legislators aim to make office-to-housing conversions easier
Lawmakers around the country are looking for ways to spur conversions of office space to residential use.cSuch projects come with challenges such as inadequate plumbing, not enough exterior-facing windows, and footprints that don’t easily lend themselves to residential use. These conditions raise the cost for developers.
BIM and Information Technology | May 8, 2023
BIM Council seeks public comments on BIM Standard-US Version 4
The Building Information Management (BIM) Council is seeking public comment on an updated national BIM standard. NBIMS-US V4 has been three years in the making and is scheduled to be released this fall.
Regulations | May 8, 2023
Supreme Court case likely to have huge impact on Clean Water Act
A case before the Supreme Court will likely determine how the Clean Water Act is interpreted and the ruling could open up new areas for development within or adjacent to wetlands.
Codes and Standards | May 8, 2023
New ASHRAE standard defines ‘zero energy’ and ‘zero carbon’ buildings
ASHRAE has released a new standard that defines the terms ‘Zero Energy’ and ‘Zero Carbon’ to describe buildings. ANSI/ASHRAE Standard 228-2023, Standard Method of Evaluating Zero Net Energy and Zero Net Carbon Building Performance, sets requirements for evaluating whether a building or group of buildings meets a definition of “zero net energy” or a definition of “zero net carbon” during operation.
Sustainability | May 1, 2023
Increased focus on sustainability is good for business and attracting employees
A recent study, 2023 State of Design & Make by software developer Autodesk, contains some interesting takeaways for the design and construction industry. Respondents to a survey of industry leaders from the architecture, engineering, construction, product design, manufacturing, and entertainment spheres strongly support the idea that improving their organization’s sustainability practices is good for business.
Office Buildings | May 1, 2023
Office building owners face potential legal liabilities when adding new workplace amenities
Many landlords in the war for tenants have turned to offering new amenities such as conference room services, fitness centers with nutritionists, and high-end food and beverage offerings. To provide new services, landlords often engage with third-party vendors, which can present thorny legal liability.
Codes and Standards | May 1, 2023
Hurricane Ian aftermath expected to prompt building code reform in Florida
Hurricane Ian struck the Southwest Florida coastline last fall with winds exceeding 150 mph, flooding cities, and devastating structures across the state. A construction risk management expert believes the projected economic damage, as high as $75 billion, will prompt the state to beef up building codes and reform land use rules.
Codes and Standards | Apr 21, 2023
Federal court overturns first natural gas ban in the U.S.
A recent ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco invalidating Berkeley, California’s ban on natural gas within new building construction puts similar measures adopted around the country in legal jeopardy.