Blogs

Construction

Parking Reimagined – Changes to Fairfax County’s Parking Requirements

Fairfax County’s Zoning Ordinance may undergo major changes in parking requirements at the end of this year. “Parking Reimagined,” the County’s initiative to reevaluate longstanding vehicular parking standards within its borders,[1] will soon release its draft proposal to citizen workgroups and the broader public for feedback. Notably, the proposal may include modifications to County maximum…

June 27, 2022

Construction

When Do You Need a Virginia Contractor’s License?

Many contractors considering projects in the Commonwealth, particularly those that primarily operate in Maryland and the District of Columbia, are surprised to learn how strict the licensing requirements are here in Virginia and that reciprocity often does not apply. Careful compliance with the licensing statutes and regulations is key to ensuring your contracting firm is…

June 21, 2022

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

Business and Financial Services

Understanding the Available Tax Credits Under Families First Coronavirus Response Act

The Families First Coronavirus Response Act (“Act”) became law on March 18, 2020. The Act goes into effect on April 2, 2020 and will expire on December 31, 2020. Implications to employers and employees have been covered under separate BKK posts which can be found here . This post will provide employers with guidance on how the tax credits are expected to work. Family and Medical Leave As my colleague Doug Taylor recently discussed , the Act requires certain employers to provide twelve weeks of…

March 23, 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