Blogs

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

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

Real Estate

Proposed Amendment to Virginia’s Constitution Could Limit Government’s Use of Eminent Domain

Virginia lawmakers moved in 2012 to amend the state constitution to further restrict the use of eminent domain in response to concerns raised by the U.S. Supreme Court’s decision in Kelo v. City of New London. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, the analysis explains that the proposed amendment would limit eminent domain to strict public uses and make clear that economic development alone would no longer qualify as a sufficient…

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

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