Blogs

Construction

Never Underestimate the Value of Face Time: Kersey v. PHH Mortgage Corporation

In 2002, Brenda Kersey received a $71,397 mortgage loan to purchase a home in Richmond, Virginia. The loan was a Federal Housing Administration (“FHA”) loan governed by FHA regulations. PHH Mortgage Corporation was the holder of the note in connection with Ms. Kersey’s loan. Like so many unfortunate homeowners, Brenda Kersey fell behind on her…

February 3, 2010

Construction

Local Contractor Shells Out Cash To Settle Wage Class Action Suit

Rockville based contractor Hann & Hann will pay $600,000 plus the plaintffs’ legal fees to settle a wage and overtime based class action suit. As reported in the Washington Post by Rubin Castaneda on January 30, 2010, Hann & Hann agreed to pay overtime plus 50% for every employee working with the company not paid…

February 1, 2010

Construction

Energy Efficiency, Green Retrofits and ROI: The Empire State Building

The Empire State Building retrofit project is reaching for rarefied air: improved energy efficiency, reduced carbon emissions, and rapid and healthy return on investment. Recent case study documentation for the project suggests this project will hit the ball out of the bark on all fronts. Highlights include: An estimated 38% energy savings compared to high…

January 29, 2010

Construction

What Is Our Local Delegation Up To This Session?

With well over two thousand bills filed for this session, I was curious to see what our local urban delegates and senators have chief-patroned this year. So here’s what they’re up to: Delegate Brink has patroned HB 1260, which proposes that the Uniform Statewide Building Code should also apply to buildings or structures built on…

January 27, 2010

Construction

Trends in Building Green – Update

The Trends in Building Green panel last Thursday morning was a great success. There were a couple interesting take-aways from the panel’s materials and presentations: Smart property owners need to be taking energy savings seriously; Tommy Russo, Chief Technology Officer of Akridge, described their highly detailed efforts to analyze and implement projects with a reasonable…

January 25, 2010

Construction

Renovators Beware: Lead Paint Regulations Change in April

Owners, developers and builders working in the renovation arena beware: the EPA’s new regulations on lead paint take effect on April 22, 2010. The regulations are contained at Title 40, Part 745 of the Code of Federal Regulations. There are some very important highlights: Effective April 21, no firm may offer or perform renovations in…

January 22, 2010

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