Blogs

Construction

How NOT to Communicate

While it may not seem like it from talking to many lawyers, a very important part of the job of the lawyer is effective communication. Occasionally, I run across materials that are great examples of great communication, or even more often examples of how not to communicate. (Happily, these are often the most entertaining things…

September 14, 2010

Construction

Our Blog’s One Year Anniversary: Our Top Twenty Posts

Our blog went live on September 10, 2010, so today marks our first anniversary. We have enjoyed the conversations and appreciated being forced to keep up with the avalanche of technical and legal information that flows past trying to find good topics.

September 10, 2010

Construction

Non-Uniform Property Taxation Heading to Supreme Court in September

For those of you out there who are following whether commercial real estate can be taxed at a different rate than residential property, FFW Enterprises v. Fairfax County, et al. has been slated for the Supreme Court’s September arguments docket. Like most other states, in the Commonwealth of Virginia the Constitution contains a “Uniformity Clause”…

September 1, 2010

Construction

Arbitration: An Effective Alternative to Litigation

Arbitration can provide a faster and more efficient way to resolve construction disputes than traditional litigation. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that arbitration allows parties to select an arbitrator with experience in the subject matter of the dispute rather than having a judge assigned by the court. The article notes that once arbitration begins, the parties typically exchange documents,…

September 1, 2010

Construction

Arlington Expands Dubious Civil Rights Claims in HOT Lanes Lawsuit

Arlington County has moved to sue yet another individual transportation official in its pending HOT lanes project in federal court in the District of Columbia. The pending case, a fight over the HOT/HOV lanes in I-395, argues that VDOT and the US Department of Transportation failed to undertake appropriate traffic, environmental, and other studies in…

August 31, 2010

Construction

Remanded! Kersey v. PHH Mortgage Corp. – So What is the True Value of Facetime?

It’s hard to believe it’s already been over six months since we discussed this case in the blog post Never Underestimate the Value of Facetime, where Judge Williams of the U.S. District Court for the District of Virginia (Richmond Division) found a “distinct and ripe controversy” of whether PHH owed Kersey a face-to-face interview before…

August 25, 2010

Construction

EPA Withdraws Significant Portion of Storm Water Regulations in Court Case

The US EPA was forced to withdraw a portion of its proposed storm water management regulations in the context of a pending court challenge by the National Association of Homebuilders (NAHB) and other parties. In the pending appeal to the United States Court of Appeals for the Seventh Circuit, the EPA filed an unopposed motion…

August 23, 2010

Construction

Stormwater Regulations: Biggest Development Impediment You Have Never Heard Of

The Environmental Protection Agency is in the process of developing proposed national rulemaking to strengthen its stormwater program. The proposed rulemaking, which was previously announced in the Federal Register on Dec. 28, 2009, could dramatically alter the playing field for development of all types. This is particularly true in the D.C. region given its placement…

August 19, 2010

Construction

Virginia Constitutional Amendments Slated for November 2nd General Election

This year’s proposed Constitutional Amendments are now up for review prior to being voted on during the November 2, 2010 General Election this fall. There are three proposed amendments on the table:

August 18, 2010

Construction

Why All the Attempts to Allege Construction Cases as Fraud? Limitations and Economic Loss Rule

Many plaintiffs attempt to allege fraud claims in construction cases. These attempts generally fail in Virginia because a claimant must allege a basis for a fraud claim that arises outside the context of a contractual duty. This theory was clearly established in the Richmond v. McDevitt Street Bovis case in 1998, but we still see…

August 16, 2010