Recently, Mike Severino secured a victory for a client in a bid protest involving the electronic receipt of a bid. With bid protests, timing is paramount. Contractors almost always need to file protests within a very short time period – often as short as five or seven days. Also, procurement agencies – either the State, a county, an individual school system, a state agency, etc. – often have their own specific procurement regulations that one must review and analyze.

Flying Dog Brewery is known for its unique beer names and labels, which are often provocative and eye-catching. After North Carolina rejected one of Flying Dog’s labels, Flying Dog sued and prevailed on First Amendment grounds. Analyzing constitutional protections for commercial speech, the court ruled that North Carolina’s regulation was an impermissible infringement on Flying Dog’s First Amendment rights.

One of the most important provisions for a subcontractor in any subcontract is a “pay if paid” clause. That clause, when used with the proper language, conditions payment by the general contractor to the subcontractor on payment by the owner to the general contractor. Last month, Virginia took steps to remedy this risk-shifting mechanism by amending current law to prohibit “pay if paid” clauses and impose new contract requirements on public and private jobs.

The 4th Circuit Court of Appeals, interpreting West Virginia law, recently took up an insurance coverage issue that arose from COVID-related shutdowns. Like many others, the insured claimed business-related losses from the closure of two of its locations. As with these other cases, the insurance policy did not cover the claims due to the physical loss requirement in the policy.

Contractors should be aware that OSHA has launched a National Emphasis Program aimed at preventing heat-related illness and death. Per the NEP, OSHA will conduct workplace inspections in 70 high-risk industries whenever the weather service issues a heat advisory for the area.

The implementation of the District of Columbia’s ban on most non-competition agreements has been delayed by the District of Columbia Council until October 1, 2022.

Maryland recently took the first step in enacting a comprehensive biometric data privacy law. On March 13, 2022, the Maryland House of Delegates passed the Biometric Data Privacy Act. The Act now goes to the Maryland Senate for review and potential passage into law. Maryland joins the growing number of states that are strengthening their data protection laws. The new Act introduces a number of requirements for biometric data (i.e. fingerprint, voiceprint, retina scan, etc.) and prohibits certain practices.