Blogs

Construction

Plan Langston Boulevard – A Lesson in Smart Planning: Encouraging Investment and Development in Arlington

Sometime later this summer, Arlington County is expected to release its Preliminary Concept Plan (“PCP”) for the Langston Boulevard Area Plan (“Plan Langston”). The long percolating plan has gone through one name change; obtained a host of community feedback initiatives with residents, developers, business owners, property owners, and many other interested parties; and received guidance…

June 16, 2022

Construction

Potential Pitfalls to Buying Old Condos with HOAs

If you are considering buying a condominium or townhouse in the near future, make sure you perform your due diligence by reviewing the finances of the condominium or homeowners association, paying close attention to outstanding maintenance and repair issues. Under new guidelines, lenders may not be able to resell their loans to the “quasi-government” financing…

June 16, 2022

Construction

Changes to Fairfax County’s Site-Specific Plan Amendment Process

The use of land in Fairfax County is governed by the Zoning Ordinance and the Comprehensive Plan. Last year, the Fairfax County Board of Supervisors approved a new Zoning Ordinance. This year, the Board of Supervisors is turning its attention to the Comprehensive Plan. The “Comp Plan” includes both (1) broad planning policies, such as those…

June 13, 2022

Employment Law

Construction Services Company Flagged for Unpaid Employee Travel Time

The U.S. Department of Labor (DOL) continues to focus considerable enforcement attention on when employees must be paid for travel time between home and their office or worksite under the Fair Labor Standards Act (FLSA). Construction and building trades companies remain at the forefront of the enforcement efforts of the DOL’s Wage and Hour Division…

April 1, 2021

Employment Law

Avoiding Liability Under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes requirements regarding the compensation of employees working in the private sector and in federal, state, and local government positions. To protect employees, the FLSA also prohibits retaliation by employers against employees who filed a complaint that their rights have been violated. In the past, the FLSA’s anti-retaliation provision…

March 23, 2021

Construction

Updates and Suggestions: Business Interruption Insurance

Business interruption insurance is insurance to cover losses when businesses are unable to operate for reasons outside of their control. Typically, in the commercial real estate context, landlords obligate tenants to carry this insurance and landlords normally carry their own policies as well. The tenant’s policy would protect their business revenue and the landlord’s policy…

March 26, 2020

Construction

Force Majeure in Commercial Leases: Doctrine of Impossibility and Business Interruption Insurance

My most recent article provided a short explanation of force majeure provisions in commercial leases and how landlords and tenants will need to carefully review the language to determine if any obligations by either party can be excused due to the worldwide coronavirus (COVID-19) pandemic. But as is typical with this crisis, facts on the…

March 18, 2020

Construction

How is the Local Office Leasing Market Doing a Year After the Amazon HQ2 Announcement?

The Northern Virginia office market had a total vacancy rate of 18.3% in the fourth quarter of 2019. This represents a continuing gradual strengthening of the market as it was the eleventh consecutive quarter with positive net absorption. That said, vacancy rates are still higher than before the great recession ten years ago. Much of…

January 16, 2020

Construction

What will be the Impact of Amazon HQ2 to the Hotel Industry?

The second headquarters for Amazon in Arlington, VA is obviously a hot topic in local commercial real estate. Much of the focus so far has been on projected residential price increases and increased commercial leasing. But, let’s not forget about the hotel industry. The forecast for much higher hotel traffic in the area was the…

July 19, 2019

Construction

​​Five Things to Consider When Leasing to a Restaurant Tenant

As reported by the National Restaurant Association and other industry experts, there are over one million restaurants in the United States, but the failure rate is very high (a majority close within three to five years). With online shopping and delivery becoming more and more prevalent, landlords of all types have faced increasing vacancies for…

July 16, 2019