Blogs

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

Bankruptcy, Restructuring and Creditors’ Rights

Bankruptcy – Not Necessarily an End to Construction Payments

Bankruptcy filings can create immediate disruption on construction projects, but they do not necessarily eliminate all avenues for payment recovery. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that construction professionals still may have several important protections available even after a bankruptcy petition is filed. The article notes that while the Bankruptcy Code’s automatic stay generally prevents creditors…

September 1, 2011

Construction

Fixing the Construction Problem Apparently Does Eliminate Insurance Coverage

A Virginia federal court has ruled that by proactively replacing defective drywall rather than waiting to get sued and found liable, a contractor was left without liability insurance coverage. This decision should send shivers down the spine of not just contractors, but also owners and developers. The builder, Dragas Management, built 70 houses in the…

June 22, 2011

Construction

Summer Update for Construction Professionals

Construction professionals in 2011 faced a wide range of legal and regulatory developments affecting contracts, mechanic’s liens, employment issues, and project administration. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson provides an overview of important legal issues affecting contractors, subcontractors, owners, and developers. The article highlights how even relatively small changes in case law, statutory requirements,…

June 1, 2011

Construction

Virginia Clarifies Economic Loss Rule, and Why This Case May Matter

A decision issued this month by the Supreme Court of Virginia, Kaltman v All American Pest, answers a question often debated by Virginia lawyers regarding the economic loss rule. The case also may contain a hidden Trojan horse to contract defenses that everyone should pay attention to.

March 21, 2011

Construction

Agents and Sellers – Is There a New Way To Get Sued In Virginia?

We delve into a more legal, technical and lengthy post this week for a good reason — a recent decision from a Virginia trial court (PDF of decision) points to a new avenue for claims by buyers of real estate in Virginia.

February 17, 2011

Construction

Virginia Raises General District Court Jurisdictional Limits

Virginia’s General Assembly has passed a bill that, among other things, raises the upper limit of cases that may be filed in the General District Court. This increase will potentially make it easier to try certain matters more cost effectively moving forward.

February 16, 2011

Construction

Class Action Lawsuit Against LEED and USGBC Evolves

In October 2010, Henry Gifford filed a lawsuit against USGBC alleging misrepresentation claims against USGBC and some of its individual founders regarding its LEED rating system. The crux of the suit centers on Gifford’s claims that USGBC and the LEED green building rating system makes false promises about energy performance of LEED buildings. The original…

February 10, 2011

Construction

Richmond Hammers on Arlington HOT Lanes Lawsuit

Arlington County has been widely criticized for its aggressive lawsuit over the proposed Interstate 395 HOT lanes expansion, which includes allegations that individual state and federal officials committed civil rights violations in approving the project. In a time of significant economic troubles and governmental budget challenges, the county has reportedly paid over $1 million in…

January 28, 2011