Construction
Overview
The attorneys at Bean, Kinney & Korman have decades of experience representing construction industry clients with contract issues and litigation. We understand the business needs and professional concerns of architects, engineers and contractors, and appreciate the shared and diverse interests each may have in any project. Our legal skills are paired with an understanding of technical design and construction details that are often the heart of complex challenges. You spend less time educating your lawyer and more time making the business decisions necessary to a positive outcome.
Contract Negotiation and Preparation
We are knowledgeable and adept at negotiating and preparing contracts on behalf of owners, contractors, subcontractors and design professionals, such as:
- Owner/Contractor Agreements
- Owner/Architect and Engineer Agreements
- Subcontracts and Subconsultant Agreements
- Design/Build Agreements
- Commercial Lease Buildout Agreements
- Construction Loan Agreements
Additional Construction-Related Legal Services
Businesses in the construction industry must deal with the myriad of contract issues specific to their services and the other development aspects of a project, including zoning and land use, construction financing and bankruptcy.
We help A/E/Cclients with industry-specific regulatory, permitting, licensing, and taxation issues, including:
- Coordination with local permitting and code issues and interpretations during due diligence, design, construction and post-occupancy
- Assistance with local and statewide licensing
- Defense of license complaint-related issues
- Coordination and consultation on federal, state and local taxation issues, including federal and state tax and local BPOL taxation issues
Construction Disputes
Our lawyers represent clients in design and construction disputes in both litigation and alternative dispute resolution including:
- Mechanic’s lien and payment bond claims
- Claims for equitable adjustments
- Construction defect and delay litigation
- Products liability claims involving construction-related products
- Warranty claims
Recognized Leaders in the Construction Industry
Our attorneys have been recognized by Best Lawyers in America for construction, land use and bankruptcy law, and are included among the Legal Elite by Virginia Business Magazine and Super Lawyers in a variety of disciplines important to construction industry clients. Our lawyers include a former Chair of the Construction Law and Public Contracts Section of the Virginia State Bar, also named a Leader in the Law by Virginia Lawyers Weekly. Six of our attorneys are U.S. Green Building Council LEED Accredited Professionals. We are regularly published in a variety of industry and business publications and present locally, regionally and nationally on construction-related issues.
We would be pleased to make our capabilities available to you, whatever your role in the building industry, including project-specific matters and the general business needs of your organization.
Publications
- Fairfax County aims to consolidate Springfield redevelopment projects, spur more residential
Washington Business Journal, July 16, 2024 - Punch Lists: Minor Tasks Do Not Need to Become a Major Pain Point
Building Washington, ABC of Metro Washington Chapter, July 12, 2023 - Pandemic-related legal battles changing how we work in Greater Washington and beyond
Washington Business Journal, April 8, 2022 - Are We Partners?
January 12, 2021 - Why You Should Consider Opting for Arbitration During the Coronavirus Pandemic
American Bar Association - Practice Points, November 30, 2020 - BUILDING BLOC: How the Construction Industry Can Use the Vote to Shore Up the Foundation of Democracy
Virginia Bar Association Construction Law Blog, October 1, 2020 - Mechanics Lien Flowchart (DC)
Practical Law, June 29, 2019 - Mechanic’s Lien Flowchart (VA)
Practical Law, June 29, 2019 - Mechanic’s Lien Workflow Checklist (DC)
Practical Law, June 29, 2019 - Mechanic’s Liens in Practice (DC)
Practical Law, June 29, 2019 - Mechanics’ Lien Workflow Checklist (VA)
Practical Law, June 29, 2019 - Mechanics’ Liens in Practice (VA)
Practical Law, June 29, 2019 - Underground Vaults in Virginia
BKK Construction & Land Use Newsletter, December 7, 2015 - Arlington County Board Unanimously Approves Clarendon West
BKK Construction & Land Use Newsletter, December 7, 2015 - A Patriotic Partnership: The Construction Industry and the Military
BKK Construction & Land Use Newsletter, June 4, 2015 - Fairfax County’s Plans for the Route 1 Corridor
BKK Construction & Land Use Newsletter, June 4, 2015 - Protecting Your Brand: A Gift Not Reserved for the Holidays
BKK Construction & Land Use Newsletter, December 5, 2014 - Amendment to the Interstate Land Sales Full Disclosure Act
BKK Construction & Land Use Newsletter, December 5, 2014 - D.C. Office of Planning Takes a Stand Against Pop-Ups With New Zoning Text Amendment
BKK Construction & Land Use Newsletter, September 2, 2014 - Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rules
BKK Construction & Land Use Newsletter, June 2, 2014 - Lorton Landfill Dispute Nearing Board of Supervisors’ Review
BKK Construction & Land Use Newsletter, March 4, 2014 - I Know My (Vested) Rights! Developing a Project in a Changing Climate
BKK Construction & Land Use Newsletter, March 4, 2014 - Five Major Terms Construction Contractors Need to Worry About
BKK Construction & Land Use Newsletter, December 3, 2013 - Handshakes to Hashtags: The Evolution of Deal-Making in the Construction Industry
BKK Construction & Land Use Newsletter, December 3, 2013 - When Do Virginia Contractors Need a License?
BKK Construction & Land Use Newsletter, September 11, 2013 - Construction Contracts: Avoiding Clashes and Irreconcilable Differences
BKK Construction & Land Use Newsletter, March 1, 2013 - Written Contracts and the Statute of Limitations
BKK Business Law Newsletter, January 1, 2013 - Construction Codes: Putting Your Vote into Action
BKK Construction & Land Use Newsletter, September 1, 2012 - Knowing When to Pull the Plug on a Construction Project
BKK Construction & Land Use Newsletter, June 1, 2012 - D.C. Jobs Bill has Far-Reaching Implications for Contractors
BKK Construction & Land Use Newsletter, March 1, 2012 - Business Succession Planning Part 2: Critical Tools
Masonry Magazine, January 1, 2012 - Construction Issues at Condominiums
Construction Accounting and Taxation, January 1, 2012 - Project Labor Agreements: Legal and Political Considerations for Public Projects
Virginia Bar Association Journal, December 1, 2011 - Preserving National Historic Treasures
Masonry Magazine, November 18, 2011 - GSA Construction Funding Evaporation and Its Implications
Commonwealth Contractor, Associated Builders and Contractors-Virginia Chapter, November 1, 2011 - Succession Planning: Failing to Plan is Planning to Fail
Masonry Magazine, September 1, 2011 - Bankruptcy – Not Necessarily an End to Construction Payments
BKK Construction & Land Use Newsletter, September 1, 2011 - Corporate Protections and Their Limits
AIA Northern Virginia News, July 1, 2011 - Effective Use of Social Media in the Masonry Industry
Masonry Magazine, July 1, 2011 - Summer Update for Construction Professionals
BKK Construction & Land Use Newsletter, June 1, 2011 - The Hidden and Not-So-Hidden Costs of Public Contracts
Masonry Magazine, March 1, 2011 - Energy and the Construction Market: Risk and Opportunity
Commonwealth Contractor, January 1, 2011 - Social Media in the Construction Industry
BKK Construction & Land Use Newsletter, December 1, 2010 - Minimizing the Likelihood of Masonry Litigation
Masonry Magazine, November 1, 2010 - Electronic Documents: What You Don’t Know Can Hurt You
Masonry Magazine, September 16, 2010 - Arbitration: An Effective Alternative to Litigation
BKK Construction & Land Use Newsletter, September 1, 2010 - Pluses and Minuses: Cost-Plus V. Fixed-Price Contracts
Construction Accounting and Taxation, September 1, 2010 - Architect Escapes Indemnity Claim Based on ADA and FHA
AIA Northern Virginia News, June 1, 2010 - Practice as a LEED Accredited Professional
Virginia Lawyers Weekly, May 1, 2010 - “Please Pull Up to the First Window”
BKK Construction & Land Use Newsletter, April 1, 2010 - How Not to Get Sued
AIA Northern Virginia News, March 1, 2010 - The Benefits of LEDs
BKK Construction & Land Use Newsletter, February 1, 2010 - A Look at LEED 2009
Construction Specifier, November 1, 2009 - Mechanic’s Liens and Construction Bonds 101
BKK Construction & Land Use Newsletter, October 1, 2009 - Green Overgrowth
Building Washington, Vol. 24, No. 3, September 1, 2009 - Chinese Drywall: The Return of National Construction Products Liability Litigation
Construction, Accounting and Taxation, Volume 19, Number 5, September 1, 2009 - Shades of Green
Commonwealth Contractor, September 1, 2009 - State of Independence
Masonry Magazine, June 1, 2009 - Healthcare Goes Green
Medical Construction and Design, June 1, 2009 - Preventing Financial Ruin from Construction Contracts
BKK Construction & Land Use Newsletter, June 1, 2009 - The Mold Threat
Electrical Contractor, February 1, 2009
Blogs
- What to Expect When You’re Inspecting
Real Estate, Land Use & Construction Law, Wednesday December 11, 2024 - Understanding Proffers in Land Development: A Balanced Perspective
Real Estate, Land Use & Construction Law, Tuesday December 3, 2024 - Mechanic’s Liens in the DMV: Comparing D.C., Maryland, and Virginia
Real Estate, Land Use & Construction Law, Tuesday November 19, 2024 - How Zoning Policies Shape Data Center Development in Northern Virginia
Real Estate, Land Use & Construction Law, Thursday November 7, 2024 - Amazon’s Return-to-Office Mandate: What It Means for Northern Virginia’s Real Estate Market
Real Estate, Land Use & Construction Law, Friday October 18, 2024 - Corporate Transparency Act Reporting Deadlines Are Here!
Business Insights, Wednesday October 16, 2024 - What Every Buyer and Builder Should Know About Virginia’s Implied Warranty on New Homes
Real Estate, Land Use & Construction Law, Wednesday October 9, 2024 - Business Owners: Yes You Still Need to Disclose Who Owns Your Company
Business Insights, Tuesday October 8, 2024 - Zoning Laws in Focus: Understanding the Arlington County Missing Middle Housing Policy Dispute
Real Estate, Land Use & Construction Law, Friday August 2, 2024 - OSHA Proposes New Heat Injury and Illness Protections for Workers
Employment Law, Wednesday July 17, 2024 - Data Center Shake-Up: New Rules and Hotspots in Virginia
Real Estate, Land Use & Construction Law, Wednesday July 17, 2024 - The Nerve Centers of Apple Intelligence: Data Centers Driving AI
Real Estate, Land Use & Construction Law, Tuesday June 18, 2024 - Charting the Path Forward: Strategic and Legal Considerations for the Construction Industry in 2024
Real Estate, Land Use & Construction Law, Thursday June 13, 2024 - Leveraging Public-Private Partnerships for Zoning Success in Northern Virginia
Real Estate, Land Use & Construction Law, Wednesday June 12, 2024 - A Comprehensive Guide to Understanding Subpoenas
Business Insights, Wednesday June 5, 2024 - I’ve Been Sued. Now What?
Business Insights, Friday May 24, 2024 - Critical Contract Terms for Construction in 2024: Legal Strategies for Navigating Uncertain Economic Waters
Real Estate, Land Use & Construction Law, Monday May 20, 2024 - Navigating Second-Order Economic Impacts on Construction: Strategic Legal Insights for 2024
Real Estate, Land Use & Construction Law, Tuesday April 30, 2024 - Economic Dynamics and Risk Management in Construction: A Legal Perspective for 2024
Real Estate, Land Use & Construction Law, Wednesday April 24, 2024 - Navigating the 2024 Construction Market in Washington, DC – A Sector-by-Sector Analysis
Real Estate, Land Use & Construction Law, Friday April 19, 2024 - Safeguarding Your Construction Business Against Third-Party Bankruptcy
Real Estate, Land Use & Construction Law, Tuesday April 9, 2024 - The Data Center Boom in Prince William County: Growth, Challenges, and Community Impact
Real Estate, Land Use & Construction Law, Thursday April 4, 2024 - Navigating “Pay-if-Paid” and “Pay-when-Paid” Clauses in DC, Virginia, and Maryland: A Guide for Construction Professionals
Real Estate, Land Use & Construction Law, Tuesday February 27, 2024 - “Plan Langston Blvd” to Reach County Board in November
Real Estate, Land Use & Construction Law, Friday October 13, 2023 - Arlington County Releases Langston Boulevard Area Plan
Real Estate, Land Use & Construction Law, Wednesday July 5, 2023 - What Contract Terms are Legally Required for Virginia Residential Contracting Projects?
Real Estate, Land Use & Construction Law, Monday July 3, 2023 - Avoiding Improper Employee FLSA Classifications
Employment Law, Monday June 26, 2023 - A Practical Guide to FLSA Exemptions
Employment Law, Wednesday June 14, 2023 - Virginia Supreme Court Voids Fairfax County’s New Zoning Ordinance
Real Estate, Land Use & Construction Law, Friday March 24, 2023 - Privacy Law Comes to Virginia: How will Virginia’s Consumer Data Protection Act Affect my Business?
Business Insights, Friday November 11, 2022 - “Pay When Paid” Change for Subcontractors Coming to Virginia
Real Estate, Land Use & Construction Law, Friday November 4, 2022 - Prince William County – The Digital Battlefield
Real Estate, Land Use & Construction Law, Thursday August 4, 2022 - Fairfax County Signage Shake-up
Real Estate, Land Use & Construction Law, Monday July 11, 2022 - The Missing Middle
Real Estate, Land Use & Construction Law, Friday July 1, 2022 - Parking Reimagined – Changes to Fairfax County’s Parking Requirements
Real Estate, Land Use & Construction Law, Monday June 27, 2022 - When Do You Need a Virginia Contractor’s License?
Real Estate, Land Use & Construction Law, Tuesday June 21, 2022 - Plan Langston Boulevard – A Lesson in Smart Planning: Encouraging Investment and Development in Arlington
Real Estate, Land Use & Construction Law, Thursday June 16, 2022 - Changes to Fairfax County’s Site-Specific Plan Amendment Process
Real Estate, Land Use & Construction Law, Monday June 13, 2022 - HUBZone Compliance, Protests, and Affiliates
Business Insights, Wednesday March 9, 2022 - What if Your Employee Refuses to Get the COVID-19 Vaccine?
Employment Law, Thursday September 16, 2021 - The New Virginia Overtime Wage Act: Big Changes are Coming for Many Virginia Employers
Employment Law, Thursday July 1, 2021 - The Risks of Engaging Foreign Independent Contractors
Employment Law, Monday May 3, 2021 - Construction Services Company Flagged for Unpaid Employee Travel Time
Employment Law, Thursday April 1, 2021 - May I Be Excused? New York Federal Court Says COVID-19 Pandemic a “Natural Disaster,” and Why Your Force Majeure Clause Matters
Business Insights, Monday January 18, 2021 - Can Employers Require Employees to Get the COVID-19 Vaccine?
Employment Law, Friday January 15, 2021 - FFCRA Update: COVID-19 Paid Leave in 2021
Employment Law, Wednesday January 13, 2021 - Supreme Court Extends Anti-Discrimination Protections to Gay and Transgender Employees
Employment Law, Monday June 15, 2020 - Virginia Enacts Dramatic and Far-Reaching Employment Law Protections, Part 2
Employment Law, Thursday May 7, 2020 - COVID-19 Economic Relief Investigations: They Will Expose Some Businesses to Civil Liability
Business Insights, Wednesday April 22, 2020 - Government Enacts Stimulus Package with Extensive Benefits for Employers and Employees
Employment Law, Monday March 30, 2020 - COVID-19 FAQS for Employers
Employment Law, Thursday March 19, 2020 - Marijuana & the Workplace
Employment Law, Friday February 21, 2020 - Timing IS Everything When Investing in Qualified Opportunity Funds
Business Insights, Monday June 10, 2019
News
- Christopher L. Young, Emad Maghsoudi, and Nicholas J. Gehrig Join Bean, Kinney & Korman
Thursday May 9, 2024 - Philip M. Schwartz and Justin T. Banford Join Bean, Kinney & Korman
Wednesday January 10, 2024 - Alexandra M. Fletcher, Allison K. Riddle and Joseph P. Macy Join Bean, Kinney & Korman
Friday July 7, 2023 - Andrew W. Gregg Joins Bean, Kinney & Korman
Tuesday May 17, 2022 - R. Scott Caulkins, Patricia Bruce, and Carole Capsalis Join Bean, Kinney & Korman
Tuesday February 8, 2022 - Bean, Kinney & Korman Named a 2022 “Best Law Firm” for Eleventh Consecutive Year
Thursday November 4, 2021 - Bean, Kinney & Korman Represents Finley Asphalt in a Transaction with Shoreline Equity Partners
Friday July 2, 2021 - County Board Approves Red Top Cab Project Amendments
Tuesday June 15, 2021 - Contracts for Contractors
TRUSTED ADVISOR PODCASTS BY THE IROQUOIS GROUP • EPISODE 59, Tuesday March 16, 2021 - Bean, Kinney & Korman Named a 2021 “Best Law Firm” for Tenth Consecutive Year
Thursday November 5, 2020 - Raighne Delaney was quoted in “Many bars, business groups back appeal of right proposal”
Virginia Lawyers Weekly, Monday September 7, 2020 - Timothy Dugan Elected 2020‑2021 Chair of the Real Property Section Council of the Maryland State Bar Association
Thursday May 21, 2020 - Timothy Dugan Recognized as Top Attorney by Bethesda Magazine
Tuesday December 10, 2019 - Timothy Dugan Joins Bean, Kinney & Korman as a Shareholder
Wednesday October 16, 2019 - Matthew Roberts interviewed in “Could Supreme Court ruling affect local proffer policies?”
Charlottesville Tomorrow, Monday July 22, 2013 - Q&A on Succession Planning with Timothy Hughes in Construction Executive magazine
Construction Executive, Thursday November 1, 2012 - Arlington County Board Approves Clarendon Block Redevelopment
Arlington County News, Tuesday January 24, 2012 - Juanita Ferguson Named Chair of Legislative Committee for Associated Builders and Contractors of Metro Washington
Wednesday January 4, 2012 - Juanita Ferguson Presents on the Fundamentals of Construction Law at the Judicial Conference of Virginia for District Court Judges
Friday August 19, 2011 - Juanita Ferguson to present at the Virginia Bar Association’s Annual 121st Meeting 2011
Wednesday December 29, 2010 - Timothy Hughes featured in “Northern Virginia goes green without disputes”
Virginia Lawyers Weekly, Wednesday May 26, 2010 - Tim Hughes featured in “Builders question efficacy of green certification.”
Washington Business Journal, Monday April 12, 2010 - Arlington Law Firm Puts a Focus on Supporting Energy-Efficient Design
Sun Gazette, Sunday May 10, 2009 - Bean, Kinney & Korman Plays Significant Role in Introducing Arlington’s First LEED Gold Residential Building
Monday April 27, 2009
Events
- Basics of Real Estate Transactions Series – Zoning and Land Use
Online, Tuesday, May 2, 2023 - Project Mangers & Superintendents’ Academy 2022
Potomac, MD, Thursday, November 10, 2022 - Future of Arlington County – Exploring New Development Opportunities in the Rosslyn-Ballston Corridor and Beyond
Thursday, July 21, 2022 - Tips and Tricks of Subpoena Practice in Civil Litigation
The Omni Homestead Resort, Hot Springs, VA, Saturday, July 24, 2021 - Can Employers Require Employees to Get the COVID-19 Vaccine?
Online, Wednesday, June 23, 2021 - New Wage and Employment Laws Impacting Construction
Online, Thursday, May 6, 2021 - Can your employer force you to get the COVID-19 vaccine?
Podcast, Wednesday, May 5, 2021 - 2020 Legal Drama in the Commonwealth:
Online, Thursday, November 19, 2020 - ULI Washington, D.C. Young Leaders Presentation “Northern Virginia Land Use”
Monday, May 25, 2020 - Comparative Zoning and Land Use Laws in Northern Virginia and Suburban Maryland
University of Maryland, Monday, May 25, 2020 - Mental Illness: Legally Addressing Employees with “Unseen” Disabilities
Online, Thursday, May 7, 2020 - “The Shifting Landscape of Independent Contractors”
Online, Tuesday, May 5, 2020 - Future of Arlington County
Arlington, VA, Thursday, November 14, 2019 - 2019 Advanced Real Property Institute
Columbia, MD, Thursday, November 7, 2019 - Maryland State Bar Association Land Use Institute: “Recent Federal and State Land Use Court Decisions”
Saturday, May 25, 2019 - “#METOO: Sexual Harassment in the Workplace”
George Washington University School of Business, Tuesday, March 6, 2018 - Transferable Development Rights – What They Are and Why You Need to Know
Bean, Kinney & Korman, Friday, January 27, 2017 - “Deconstructing D.C. Mechanic’s Lien Law” Webinar
Thursday, January 1, 1970 - “Arlington – Value Proposition of Sustainability Roundtable”
Navy League Building, 2300 Wilson Blvd., Arlington, Virginia, Thursday, January 1, 1970 - “Construction Law”
Virginia Beach, Virginia, Monday, August 8, 2011