Blogs

Construction

Taking the Edge off of the BPOL Tax Laws: Proposed HB 110

Virginia Delegate Mark Cole is up to it again, proposing another amendment to the business, professional and occupational (“BPOL”) tax laws. Delegate Cole sits on the House of Delegates Finance Committee, and represents the 88th District, spanning Stafford, Spotsylvania and Fauquier Counties and the Town of Remington. As you may recall from my last blog…

January 20, 2010

Construction

Understanding the Other Side: The Art of War

A post yesterday from our friend Chris Hill at Construction Law Musings really resonated with me on a critical skill that many lawyers seem to lack. The post, “What Owners Look for in Green Building and Why Contractors Should Care” advocated that contractors should know and understand what project owners were looking for in green…

January 19, 2010

Construction

Dead People Cannot Talk: Get Your Real Estate Contracts in Writing

The Supreme Court of Virginia issued an opinion last Friday in the case of Virginia Home for Boys and Girls v. Phillips that reads like a law school examination question. The court ruled that a man had no claim against an estate because he had no written contract and no independent verification. The basic principles…

January 18, 2010

Construction

Nonsuit Rulings Clash

I am writing with a very quick update on the status of the non-suit in Virginia, the subject of our very first blog post here. While Virginia is typically viewed as a conservative and somewhat pro-defendant forum, it does have one very nice procedure that is very beneficial to plaintiffs, the right to take one…

January 15, 2010

Construction

Misclassification as Independent Contractors: Contractors be Careful!

Abuse of independent contractor status continues to get significant regulatory and legislative attention. Critics of this practice argue that misclassifying employees as independent contractors is an unfair competitive advantage and robs federal and state governments of justly due employment related taxes. On the federal level, there have been rumblings over the last year of not…

January 14, 2010

Construction

Wading Through LEED Government Requirements Made Easy

Wading through the various layers of requirements, enticements, incentives and regulations that apply to green building can be overwhelming to anyone, let alone the uninitiated. This process is made far more complicated by adding the layering of federal, state, and local government efforts in this field. The United States Green Building Council has this effort…

January 13, 2010

Construction

Trends in Building Green Seminar, January 21, 2010

I am pleased to invite everyone to attend the upcoming Trends in Building Green Seminar on January 21, 2010. Date: January 21, 2010 Time: 9:00 am – 12:00 pm (breakfast 8:30 am) Location: National Rural Electric Cooperative Ass’n 4301 Wilson Blvd., Arlington VA 22203 A full listing of speakers and information is available, but the…

January 12, 2010

Construction

Transfer of Development Rights Model Ordinance Released

Andrew McRoberts reported on Thursday that the Virginia Association of Counties released its Model Transfer of Development Rights Ordinance for Virginia Localities. Andrew was part of a working group that worked with a number of stakeholders to develop this model ordinance so that it may be used as a guide for localities in Virginia unfamiliar…

January 11, 2010

Construction

Fueling the Future?

Energy production, sources, costs and impact are a constant fundamental part of the economy and the construction industry. Nevertheless, there is a diverse flood of fuel related topics and commentary over the last week or two in Engineering News Record that is suprisingly interesting and dense. On the biofuel front, ENR reprints and AP report…

January 8, 2010

Construction

Tax Relief Currently Under Consideration in the General Assembly

Tax reform means “Don’t tax you, don’t tax me, tax that fellow behind the tree.” – Russell Long, U.S. Senator from Louisiana, 1948-1987. Despite the budget crisis facing the Commonwealth and local jurisdictions all around Virginia, the General Assembly is considering new tax credits and limits in its upcoming session. HB 2 proposes a tax…

January 5, 2010