Blogs

Construction

Building Heights and Historic Preservation, a Blow for the NIMBY’s – Anne Owens v. City Council of the City of Norfolk, et al.

After an astounding nearly two-years of litigation, Virginia’s Fourth Circuit found for a private property owner and the City of Norfolk in August following a challenge by a private citizen of the City’s ability to modify height restrictions in the City’s Ghent historic districts. Apparently, in the Ghent historic districts in Norfolk, maximum building heights…

September 9, 2009

Construction

Broker Not Entitled to Commission – No Extension, Not Procuring Cause

As the economy has languished, many property sellers and landlords have experienced extensions of property listings. In many cases, these extensions have actually exceeded the terms of the listing agreements with their brokers. This situation can raise some complex questions of exactly what listing terms remain in place and what commission, if any, the real…

September 6, 2009

Construction

E-Verify is (may be) Coming September 8

A federal judge in Maryland has ruled that Executive Order mandating compliance with the “e-verify” program for confirmation of immigration status as part of the Federal Acquisition Regulations is constitutional and enforceable. The case decision, issued on August 26, 2009, granted summary judgment to the federal government and leaves intact an administration decision to implement…

September 3, 2009

Construction

What To Do When Cash-Strapped States and Localities Come Knocking on Your Door

The economy has affected the budgets of not just individuals and companies, but also state and local governments. In these hard economic times, governments are facing serious shortfalls of revenue, made worse by the plunging value of real estate, shriveling sources of funding and growing budget deficits. In response, states and municipalities have become much…

September 1, 2009

Construction

Fairfax Tax District for Dulles Rail Funding Deemed Constitutional

A Fairfax County judge has ruled that a commercial real estate tax used to help fund the rail extension to Dulles Airport is constitutional. According to the Washington Business Journal, Fairfax Circuit Court Judge Stanley Klein approved of the structure in the context of a bond validation suit initiated by Fairfax County and related entities.…

September 1, 2009

Construction

What is a Nonsuit and Why They Now Scare Plaintiffs’ Lawyers

Virginia can be a difficult forum for plaintiffs. One tremendous advantage to plaintiffs, however, has been the “nonsuit”. So long as there are no cross-claims or counterclaims filed, a plaintiff has an absolute right to request a dismissal without prejudice and has a right to re-file their case. This statute in essence gives a plaintiff…

August 24, 2009

Construction

Preventing Financial Ruin from Construction Contracts

The financial crisis forced contractors, subcontractors, and suppliers to become far more cautious about the customers and projects they accepted. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that construction companies should investigate prospective customers before signing a contract by gathering credit information, checking litigation histories, confirming corporate status, and contacting other trades that have…

June 1, 2009

Construction

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This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and…

February 17, 2006