Blogs

Construction

Construction Contracts: Avoiding Clashes and Irreconcilable Differences

Construction contracts often fail because the parties focus heavily on price and scope while overlooking the provisions that govern what happens when problems arise. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that poorly coordinated contract provisions can create conflicts involving payment timing, delay claims, indemnification obligations, insurance requirements, dispute resolution procedures, and change order…

March 1, 2013

Construction

Lien Rights of Lenders and Landlords – Part I

Commercial real estate landlords and the lenders for their tenants have competing interests with respect to the tenant’s personal property located at the demised premises. The landlord is looking to secure the tenant’s rental obligations by taking a lien against the tenant’s fixtures, inventory, and equipment located in the space, which may be particularly valuable…

January 29, 2013

Construction

Construction Codes: Putting Your Vote into Action

Changes to construction codes can have major effects on developers, contractors, architects, and property owners, which is why Virginia’s code update process includes opportunities for public input. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that Virginia’s construction codes are updated through a recurring cycle that allows industry participants to propose changes, comment on draft revisions, and vote on specific…

September 1, 2012

Construction

Right to Self-Help in DC, MD, and VA

Self-Help. Ok or Not? “Self-help,” in a leasing context, typically refers to the landlord’s historical remedy of locking out a defaulting tenant and obtaining possession of the premises without going through judicial procedures. Traditionally under the common law, a landlord was subject to few limitations in choosing its remedies against a defaulting tenant, including the…

July 12, 2012

Construction

A Landlord’s Duty to Mitigate. Part IV

In this series we have been examining a landlord’s duty to mitigate their damages after a default by the tenant. Earlier we looked at the laws in the District of Columbia and Virginia. An examination of Maryland’s law is below.

June 22, 2012

Construction

A Landlord’s Duty to Mitigate. Part III

This series focuses on a commercial landlord’s duty to mitigate their damges after a default by a tenant. Earlier we discussed the District of Columbia‘s treatment of the duty to mitigate. A discussion with respect to the law of Virginia is below, with Maryland to follow shortly.

June 4, 2012

Construction

Knowing When to Pull the Plug on a Construction Project

Construction projects often show warning signs long before they completely fail, but owners and contractors may ignore those signs because they hope the problems will resolve themselves. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that recurring late payments, routine missed deadlines, poor workmanship, and communication breakdowns are often indicators that a project is heading toward serious trouble. The article…

June 1, 2012

Construction

D.C. Jobs Bill has Far-Reaching Implications for Contractors

The District of Columbia’s amended First Source Act imposed significant new local hiring obligations on contractors and developers working on covered projects in the city. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that the legislation was intended to reduce unemployment among District residents by requiring contractors on covered projects to meet specific local hiring thresholds. The article notes that at least…

March 1, 2012

Construction

A Landlord’s Duty to Mitigate. Part II.

We will discuss the commercial landlord’s duty to mitigate damages after a default by tenant in Washington, D.C., Virginia and Maryland. First, Washington, D.C. is as follows.

January 30, 2012

Construction

A Landlord’s Duty to Mitigate. Part I.

A Landlord’s Duty to Mitigate in Washington, D.C., Maryland and Virginia Under common law, a landlord had no duty to accept or procure a new tenant in order to mitigate damages (i.e., take reasonable action to avoid additional injury or loss) resulting from a tenant’s breach of a lease, including with respect to an abandonment…

January 10, 2012