Blogs

Construction

Summer Update for Construction Professionals

Construction professionals in 2011 faced a wide range of legal and regulatory developments affecting contracts, mechanic’s liens, employment issues, and project administration. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson provides an overview of important legal issues affecting contractors, subcontractors, owners, and developers. The article highlights how even relatively small changes in case law, statutory requirements,…

June 1, 2011

Employment Law

Distracted Driver Collects Workers’ Compensation Benefits

A distracted employee driving for work may still be entitled to workers’ compensation benefits even if the distraction contributed to the accident. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, the analysis explains that the Virginia Workers’ Compensation Commission awarded benefits to an employee who was injured in a motor vehicle accident she claimed was caused by a work-related cell phone. The article notes that because the employee was acting within…

May 1, 2011

Employment Law

Employment Legislation from the 2011 Session of the Virginia General Assembly

The 2011 session of the Virginia General Assembly has ended. Below is a summary of employment law legislation that passed both houses during the session. HB 1705. Workers’ compensation; modifications to employee’s home and automobile Authorizes the Workers’ Compensation Commission, in awards entered for incapacity for work, to require the employer to furnish and maintain…

March 21, 2011

Construction

Virginia Clarifies Economic Loss Rule, and Why This Case May Matter

A decision issued this month by the Supreme Court of Virginia, Kaltman v All American Pest, answers a question often debated by Virginia lawyers regarding the economic loss rule. The case also may contain a hidden Trojan horse to contract defenses that everyone should pay attention to.

March 21, 2011

Business and Financial Services

The Arrogant Car Salesman in a Non-Competition Agreement

Virginia courts are generally reluctant to enforce broad non-competition agreements, but they may be more willing to do so when the facts strongly favor the employer. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the case involved a car salesman whose conduct made him an unsympathetic defendant in the eyes of the court. The article notes that the salesman allegedly acted arrogantly, ignored his contractual obligations, and…

March 1, 2011

Construction

Agents and Sellers – Is There a New Way To Get Sued In Virginia?

We delve into a more legal, technical and lengthy post this week for a good reason — a recent decision from a Virginia trial court (PDF of decision) points to a new avenue for claims by buyers of real estate in Virginia.

February 17, 2011

Construction

Virginia Raises General District Court Jurisdictional Limits

Virginia’s General Assembly has passed a bill that, among other things, raises the upper limit of cases that may be filed in the General District Court. This increase will potentially make it easier to try certain matters more cost effectively moving forward.

February 16, 2011

Construction

Class Action Lawsuit Against LEED and USGBC Evolves

In October 2010, Henry Gifford filed a lawsuit against USGBC alleging misrepresentation claims against USGBC and some of its individual founders regarding its LEED rating system. The crux of the suit centers on Gifford’s claims that USGBC and the LEED green building rating system makes false promises about energy performance of LEED buildings. The original…

February 10, 2011

Construction

Richmond Hammers on Arlington HOT Lanes Lawsuit

Arlington County has been widely criticized for its aggressive lawsuit over the proposed Interstate 395 HOT lanes expansion, which includes allegations that individual state and federal officials committed civil rights violations in approving the project. In a time of significant economic troubles and governmental budget challenges, the county has reportedly paid over $1 million in…

January 28, 2011

Construction

EPA Accepts Virginia’s Plan for the Bay

Last week EPA issued its “pollution diet” for the Chesapeake Bay. The total maximum daily load (TDML) of various materials is established by EPA in the diet and includes a 25% reduction in nitrogen, a 24% reduction in phosphorous, and a 20% reduction in sediment according to Engineering News Record (subscription only). The plan also…

January 7, 2011