Blogs

Construction

Acceleration of Rents Part 1: Is it Enforceable?

Part one of this series will explain acceleration of rent provisions and how various courts around the country have scrutinized these provisions and taken varying positions on their enforceability. Part two of this series will discuss how landlords can include enforceable acceleration of rent provisions in their commercial real estate leases. What is an Acceleration…

January 21, 2014

Construction

Searching for the Escape Hatch: The Variance

Although it is a familiar term in the zoning lexicon, the variance is one of the least understood devices in the zoning toolbox. Known to dirt lawyers as the “escape hatch,” the variance gives relief to property owners from zoning requirements where the strict application of the zoning ordinance would be unconstitutional as to a…

January 16, 2014

Construction

A Tenant’s Right to Offset. Proceed with Caution: Part 2

Part one of this series explained a landlord’s obligations under commercial lease agreements and the remedies available for a commercial tenant should a landlord default. Part two of this series will explain how and when to include offset provisions in a lease. As mentioned above, landlords will strongly resist including an offset provision in the…

January 13, 2014

Construction

A Tenant’s Right to Offset. Proceed with Caution: Part 1

Part one of this series explains a landlord’s obligations under commercial lease agreements and the remedies available for a commercial tenant should a landlord default. Part two of this series will explain how and when to include offset provisions in a lease. A commercial tenant’s right to remedy a default by the landlord by performing…

January 5, 2014

Construction

Much Ado About Subdivided Lots and Plats

Pop quiz: You want to purchase an undeveloped lot with the hopes of building your home on it. You hire a title company to perform the title work, which appears to come back clean. You are told your lot used to be part of a bigger parcel, but it was subdivided a few years ago,…

December 26, 2013

Construction

Five Construction Terms Contractors Need to Worry About

Most contract negotiations boil down to several key terms. For construction contractors, these are five critical items that you need to carefully consider and negotiate in each of your agreements. I. What is the Scope? The starting place of a construction contract is the work to be performed. Remarkably, this is often poorly or inconsistently…

December 16, 2013

Tax Law

1031 Exchanges with a Twist

Section 1031 exchanges can help real estate investors defer capital gains taxes, but the short identification window often makes it difficult to find replacement property that fits an investor’s goals. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains how investors have traditionally used tenant-in-common structures to pool capital, while also warning that those arrangements can become unstable when unanimous consent…

November 2, 2013

Construction

Of Boats, Dining and Zoning: Virginia Supreme Court Decides Old Dominion Boat Club v. Alexandria City Council

On October 31, 2013, the Virginia Supreme Court decided Old Dominion Boat Club v. Alexandria City Council, et al. The case involved ongoing litigation between the Old Dominion Boat Club (ODBC), the City of Alexandria, and the owner of a restaurant along Union Street in Alexandria, regarding the continuing existence of a private easement in…

November 1, 2013

Construction

The Recurring Quixotic Quest for Zoning Moratoria in Northern Virginia

Arlnow.com recently reported that the Arlington Ridge Civic Association (ARCA) has requested the Arlington County Board “freeze” all zoning action within the Arlington Ridge neighborhood until the impact of current development on the neighborhood can be assessed. This request came as part of ARCA updating its Neighborhood Conservation Plan, a non-binding document that creates recommendations…

October 19, 2013

Construction

When Do Virginia Contractors Need a License?

The question of exactly what triggers a requirement for a contractor’s license comes up frequently in my practice. Like many other things in the law, the answer is not particularly clear and can be somewhat circular. Still, there are some practical signposts that provide definition and allow for some risk analysis. Starting Point: What Does…

September 25, 2013