Blogs

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

Construction

Recovering Delay Damages under the Virginia Public Procurement Act, Part II

Earlier this year, the Virginia Supreme Court decided Martin Brothers Contractors, Inc. v. Virginia Military Institute, taking the opportunity to revisit its decision in Blake Construction. The Virginia Military Institute (“VMI”) contracted with Martin Brothers to renovate VMI’s main dining facility. During the project, VMI requested changes resulting in a 270-day delay. VMI agreed that…

November 18, 2009

Construction

Metro Safety May Go Federal

The Washington Post reported on Sunday that the Obama administration will propose taking over safety regulation of subways and light rail, including the regional Metro system. Metro has been taking a regular beating in the press recently for safety concerns and its anemic response to those concerns. Metro has apparently gone so far to frustrate…

November 16, 2009