Blogs

Construction

Review your form Purchase Agreement

Part I – Builders Review of Purchase Agreement Virginia has experienced several years now of a declining residential real estate market, marked by periods of low sales, high inventory and declining prices. Note that recently the prices and inventory have stabilized, but certainly activity has slowed again now that the federal tax credits for homebuyers…

June 29, 2010

Construction

Lead Paint Updated: Commercial Buildings, Clearance Testing, and Chance to Comment

As we originally posted on April 30, EPA has issued notice that its recent lead paint regulations may be changing. Specifically, EPA published a proposed rule on May 6 providing for clarifications and changes in clearance testing. For commercial contractors thinking they were spared from worrying about lead paint regulation, EPA also issued an advance…

June 28, 2010

Construction

Challenges to LEED Certifications: Standing, Procedure, Wiggle Room and Money

The blogs have been crackling for several weeks with reports and analysis of the LEED “challenge” process. Chris Cheatham devoted a multiple part series to analyzing the challenge filed and ultimately rejected to the LEED Gold certification awarded to the Northland Pines High School in Wisconsin. Shari Shapiro has discussed the same and included an…

June 24, 2010

Construction

Balancing Affordable Housing, Historic Preservation and Progress: The Fort Myer Heights North Plan

The area considered to be inclusive of Fort Myer Heights is basically the down-hill slope from Arlington’s Courthouse Sector on the hill above of Route 50 north of Fort Myer, bounded to the north by Clarendon Boulevard and to the south by Route 50, Courthouse Road to the west and Pierce Street to the east.…

June 23, 2010

Construction

Chinese Drywall News: New Verdict; New Appeal; Insurance Coverage Updates

There is big news in the world of Chinese drywall litigation. First, various news sources including the Miami Herald reported a $2.5 million jury verdict on behalf of a homeowner couple against Banner Supply, the supplier of the drywall. The verdict is reported to include not just loss of use of the home and repair…

June 21, 2010

Construction

Affirmed! “Unanimous” United States Supreme Court Opinion in Stop the Beach Renourishment, Inc.

Back in December, I discussed the Florida Supreme Court’s decision in Stop the Beach Renourishment, and guessed that the United States Supreme Court would affirm the Florida court’s decision, but duck the novel constitutional question of whether there could be a “judicial taking.” I ended up being a little more than half right. The United…

June 18, 2010

Construction

Contractors’ Best Risk Management: Avoid Problem Projects and Customers

While I LOVE trying cases, my clients usually detest court cases and do their best to avoid litigation. Forming appropriate entities, drafting tight contracts, and ensuring proper documentation are all critical risk management strategies … but I would say they all come a distant second. The number one way to avoid problems is to avoid…

June 17, 2010

Construction

What is in a Name? Tir Conaill Properties, L.C. v. 2401 Wilson, LLC

Winding down our update of the first round of Case Watch opinions, the Virginia Supreme Court has finally released its long awaited decision in Tir Conaill Properties, L.C. v. 2401 Wilson, LLC, Record Number 090855. Although the opinion is quite short at only three pages, it is chock full of warnings to the unwary litigator.…

June 15, 2010

Construction

Are Developers Stuck Holding the Bag for Architect’s ADA and FHA Mistakes? Equal Rights Center and Archstone v. Niles Bolton Associates

A recent decision from the US Court of Appeals for the Fourth Circuit should be sending cold chills up and down developers’ spines regarding complaints under the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA). The case, Equal Rights Center and Archstone v. Niles Bolton Associates, basically ruled that a developer was not…

June 14, 2010

Construction

East Falls Church Planning Task Force Completes Three Year Effort

We are very pleased to have another colleague writing for us today. Jon Kinney is a highly regarded land use and real estate law expert with our firm. Jon brings us commentary on changes coming to Arlington County’s planning for the East Falls Church area in Northern Virginia. In anticipation of the opening of Metro’s…

June 11, 2010