Blogs

Construction

Virginia’s Economic Loss Rule: Products Liability, Part 2 (Why it Matters!)

As we watch Chinese drywall litigation erupt nationally, we see the rapid fallout: insurance companies denying coverage; suppliers going bankrupt; homeowners filing suit against all the parties in the food chain. We have seen this story before. In Virginia, the applicable could translate to some very harsh results even if owner plaintiffs can prove the…

December 10, 2009

Construction

Protection or Pilfering: Stop The Beach Renourishment, Inc. v. Florida Department of Environmental Protection

No state has a longer shoreline than Florida – over 2,000 miles of shoreline, with 825 miles of beaches. These beaches define Florida’s top industry of tourism and are in a constant state of erosion. Understandably, Florida has embraced the “public trust doctrine,” which dictates that tidal lands are held in trust for the people…

December 9, 2009

Construction

Virginia’s Economic Loss Rule: Products Liability, Part 1

We have seen waves of claimed problems with construction products over the last several decades: PVC plumbing fixtures and materials; fire retardant treated (FRT) plywood; exterior insulation and finish systems (EIFS). We are on the front edge of another eruption with Chinese drywall, and indeed we have heard the first rumblings that the drywall problems…

December 7, 2009

Construction

Are You Sure You Really Want to Sign that Petition?

The Supreme Court of Virginia recently accepted a Petition for Appeal by forty citizens of Gloucester County who were hit with sanctions for circulating a petition for signatures and filing the petition with the Circuit Court for Gloucester County to have some members of the Board of Supervisors removed by the Circuit Court. These citizens…

December 4, 2009

Construction

Bean Kinney & Korman Adopts Sustainability Policy

We are pleased to announce that our firm has stepped up and adopted a formal sustainability policy. The policy adopts specific measures to reduce material and energy usage, increase reuse and recycling of materials, and to include sustainability as a core value in vendor purchases. We are excited to commit to doing our part to…

December 3, 2009

Construction

Drywall Claims: New Testing Data, and is US Drywall a Problem Too?

Last week we discussed the first Chinese drywall case going to trial in January involves Virginia plaintiffs. We have two interesting reports that may constitute both shoes dropping at once. First, Engineering News Record reported on November 25, 2009 that a federal study, “found ‘a strong association’ between imported wallboard made in China and metal…

December 2, 2009

Construction

Case Watch: Upcoming Virginia Supreme Court Opinions

Here is a sampling of cases to watch for in 2010. The Virginia Supreme Court has granted appeals for these cases earlier this year, and will hear argument in 2010. In May, the Court granted the appeal in W &W Partnership v. Prince William County BZA, et al., Record No. 090328, challenging the ruling of…

November 30, 2009

Construction

Virginia’s Economic Loss Rule Demystified: The Basics

The economic loss rule defines that most basic of questions: who can sue whom and for what claims. Virginia still sticks to an extremely Conservative judicial model and this philosophical thread is readily apparent in cases dealing with this question. The Virginia economic loss rule provides that in order to sue a party for “economic…

November 25, 2009

Construction

Chinese Drywall – Virginia Plaintiffs Go First

The first trial in the infamous Chinese drywall litigation will apparently involve seven Virginia homeowners. The first case is currently set for a bench trial on January 25, 2010. We have written several times regarding the Chinese drywall litigation, including several months ago in Mid Atlantic Construction. While Virginia plaintiffs will apparently occupy the first…

November 23, 2009

Construction

Katrina Verdict: The Corps of Engineers Takes a Beating

After a 19 day bench trial, on Wednesday evening a federal judge ruled in favor of six plaintiffs seeking compensation against the United States under the Federal Tort Claims Act for damages flowing from Hurricane Katrina. The court ruled that the United States was liable because the flooding leading to the homeowners’ damages was caused…

November 19, 2009