Blogs

Construction

IGCC Public Version 2.0 Released For Comment

The second draft version of the International Green Construction Code being prepared by the International Code Council (Public Version 2.0) was released last week as anticipated, which incorporates the actions taken at the hearings this past August. If you have any suggestions on how to improve on Public Version 2.0, Code Change Submittals are now…

November 9, 2010

Construction

Commercial Real Estate Tax Upheld – FFW Appeal Struck Down

Did you hear that whooshing sound? That was the collective sigh of relief from localities embraced by the Northern Virginia Transportation Authority who have levied a special transportation tax against commercial property owners while exempting residential property owners from that same tax. The Supreme Court released its opinion this morning that commercial and industrial property…

November 4, 2010

Construction

From Incentives to Mandate – The ICC’s Green Construction Code – Will We Need Third Party Rating Systems in Virginia in 4 Years?

As I was discussing some of Arlington’s Community Energy Plan goals with an architect friend of mine the other day, it was apparent to both of us that a number of the County’s stated goals for energy efficiency (such as the 30% increase in efficiency) in its plan track the time line for the incorporation…

November 1, 2010

Construction

Tenant Issues in Real Estate Leases

An earlier blog post focused on important issues relating to the Letter of Intent. Assuming now that you have gotten past the letter of intent stage and are moving forward to a binding lease agreement, we will now focus on common legal issues reviewed from the tenant’s perspective. If your current lease is up for…

October 29, 2010

Construction

Violence Against Women Act Protections Extended to HUD Program Housing

For those of you out there who own and/or operate affordable housing subsidized by HUD, you should take note that the protections extended by the Violence Against Women Act (VAWA) have been permanently extended to HUD Section 8 properties. The final rules published yesterday in the Federal Register now make the prior 2008 interim rules…

October 28, 2010

Construction

Arlington’s Community Energy Plan – Just the Facts

Well, now that I’ve had the chance to really focus on and review Arlington County’s Community Energy Plan Summary of Preliminary Recommendations and its Addendum, published on October 13th, it looks like the County has taken its first step toward its goal for a Community Energy Plan. As with prior explanations about the Community Energy…

October 26, 2010

Construction

Indemnity – Going Too Far Can Invalidate the Clause

Those wishing to stretch indemnity clauses to the limit may want to read the recent Supreme Court of Virginia case, Uniwest Construction v. Amtech Elevator Services. This case, in addition to a recent indemnification case from the 4th Circuit, demonstrate that there are some real risks to demanding excessive indemnity obligations in a contract. You…

October 22, 2010

Construction

More Votes for Northern Virginia?

Yes, it’s getting to be that wonderful time of year again, and with all the 2011 pre-legislative session jockeying already well under way in Virginia, one of the 600 pound gorillas in the room this year is how the statutorily mandated redistricting process will play out. With control over the house and senate split, and…

October 21, 2010

Construction

A New Zoning Ordinance for Arlington County?

How many times have you land use and zoning folks gone through your locality’s zoning ordinance, read some random sentence that is a surviving remnant from like the 1938 ordinance, and thought: “What the heck does ‘draying’ mean? And what does this have to do with our twenty story office building?” Or, “Can my neighbor…

October 19, 2010

Construction

Breaking News: GSA to Require LEED Gold on all GSA Owned Projects

Lance Davis, director of the sustainability office for the General Services Administration, announced that moving forward, GSA will require all projects to achieve a LEED Gold certification level from through the Leadership in Energy and Environmental Design (LEED) certification system of the U.S. Green Building Council. The announcement occurred at the Green Legal Matters conference…

October 18, 2010