Blogs

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

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

Construction

EPA Accepts Virginia’s Plan for the Bay

Last week EPA issued its “pollution diet” for the Chesapeake Bay. The total maximum daily load (TDML) of various materials is established by EPA in the diet and includes a 25% reduction in nitrogen, a 24% reduction in phosphorous, and a 20% reduction in sediment according to Engineering News Record (subscription only). The plan also…

January 7, 2011

Government Contracts

Competitors Challenging Land Use Approvals

Real estate lawyers and developers know that overcoming NIMBYism is a huge challenge. We are finding that even after approval, you still may face other hurdles including neighbors or even your business competitors challenging or appealing your zoning or permit approval. Virginia Lawyer’s Weekly recently reported that the Supreme Court of Virginia issued an “unusual…

December 16, 2010

Construction

Tenant Issues in Real Estate Leases Part II

Part I of this post focused on basic provisions found in commercial real estate leases such as assignment and subletting, use restrictions and the determination of the commencement date. Here in Part II, below, we will address other important issues from the tenant’s perspective including insurance, mutual waivers and defaults.

November 19, 2010

Construction

Mushrooms May Replace Styrofoam?

I ran across a recent TED presentation by Eben Bayer, co-inventor of MycoBond. MycoBond is an adhesive based on mycelium, a living organism. In essence, the process uses fungi to transform agriwaste and convert it into a foam-like material that can be used for packaging and insulation. Styrofoam is ubiquitous in transport and packaging. Styrofoam…

November 12, 2010