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Construction

7 Virginia Chinese Drywall Plaintiffs Get $2.6 Million Verdict …

As reported today by Virginia Lawyer’s Weekly, seven Virginia families were awarded $2.6 million in damages by New Orleans federal Judge Eldon Fallon. The whopping verdict allowed recovery of extensive damages, but denied recovery due to loss of value stigma damages to the homes in question. In addition the opinion contains a number of interesting…

April 9, 2010

Construction

A Lawyer’s View from the Witness Chair

I had the pleasure and privilege of testifying as an expert witness in a case last week. I have been retained as an expert a number of times and have now been qualified as such in two court proceedings and an arbitration hearing. It is fascinating how the view of the courtroom changes depending on…

April 8, 2010

Construction

The Line Between Furniture and Fixtures: What Constitutes an Improvement

Please contact commercial leasing attorney John Kelly jkelly@beankinney.com should you have any questions concerning this article or require assistance. Earlier this year, Judge Bellows of the Circuit Court for Fairfax County found that repairing and replacing exterior building components including terrace soffits did not constitute an “improvement” for purposes of Virginia’s statute of repose. Now…

April 7, 2010

Construction

Lead Training Class Information in Virginia

Our blog has been inundated with hits on our two blog posts regarding the EPA’s new lead paint regulations, Renovators Beware: Lead Paint Regulations Change in April and Lead Paint Regulations April 22: Are You Ready?. We have fielded a number of questions from folks looking for information on classes and certification with the EPA.…

April 6, 2010

Construction

Our Blog is Now on iPhone and iPad!

I just received an interesting and exciting e-mail I wanted to share with our readers. Our friend Matt Handal has been involved with creating an iPhone application for the architecture, engineering and construction industries to share information and links. He just passed along this note to me: Dear Tim As a courtesy, I wanted to…

April 6, 2010

Construction

Do You Really Want A Construction Case??

Our friend Matt Morse at Dovetail Construction had a great post on Friday entitled “Sometimes Things Go Wrong“. Matt makes some excellent points that even the best builders will face some problems — the way a builder responds to those problems presents an opportunity to stand up, take responsibility, and potentially turn a “customer” into…

April 5, 2010

Construction

It is Official: “GBCI Certification Process Evolving”

The official word is now circulating that GBCI and USGBC are dramatically altering the inspection and certification process for LEED certifications. Last week, I posted the very surprising information that major changes were potentially in the works for GBCI certifications based on a comment at a seminar I attended. GBCI’s initial comments on the blog…

April 2, 2010

Construction

Reassessing Affordable Housing – Literally

If you are an owner or operator of affordable rental housing (property with four or more units), it might be worth noting that the General Assembly has just restricted your local real estate tax assessor’s discretion to value your property to one method. Senator Whipple, apparently at the request of the Virginia Housing Commission, patroned…

March 31, 2010

Construction

Contract Terms Govern in Virginia … Except Non-Competes

Typically, Virginia courts will simply review and apply the terms of contracts. This is great if you have a good contract, horrible if the contract tilts towards your opponent. In contrast to the general rule, Virginia courts are quite hostile to non-compete agreements and are more than willing to throw them completely out when the…

March 30, 2010

Construction

Virginia Builder Fixing Drywall Without Lawsuit Gets No Insurance Coverage

As reported yesterday by Virginia Lawyer’s Weekly, a Virginia federal judge has ruled that a builder who remediated 70 homes constructed with Chinese drywall was not entitled to insurance recovery of the remediation costs. This case is a painful reminder of how even positive, proactive business decisions can translate to tremendous liability risks, particular where…

March 25, 2010