Blogs

Construction

Yes, the Board of Supervisors Can Amend Your Proffer After the Hearing

In an attempt to get out of having to comply with a proffer, a developer has tried, and failed, to claim that a proffer could not be amended at a public hearing without having to resubmit the amended in proffer in writing and to conduct a subsequent public hearing. The facts in Arogas, Inc., Et…

September 20, 2010

Construction

Arlington’s Energy Plan

We are joined today with a guest post from our colleague, Phil Keating, with a timely report on Arlington County’s newly released Energy Plan issued by the Arlington County Community Energy and Sustainability Task Force. In addition to being Chair of the Arlington Chamber of Commerce, Phil is a member of the Task Force and…

September 17, 2010

Construction

In Virginia, Better Give Notice of Claims on Time: Commonwealth v. AMEC Civil, LLC

The Supreme Court of Virginia has issued its long awaited notice decision in the Commonwealth v. AMEC Civil LLC case. The result is a pretty painful smack-down of the substantial bulk of the contractor’s claims based on lack of statutory notice. Not surprisingly, the court strictly construed statutory notice requirements for claims against the Virginia…

September 16, 2010

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

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