Blogs

Construction

Commercial Real Estate Tax Upheld – FFW Appeal Struck Down

Did you hear that whooshing sound? That was the collective sigh of relief from localities embraced by the Northern Virginia Transportation Authority who have levied a special transportation tax against commercial property owners while exempting residential property owners from that same tax. The Supreme Court released its opinion this morning that commercial and industrial property…

November 4, 2010

Construction

From Incentives to Mandate – The ICC’s Green Construction Code – Will We Need Third Party Rating Systems in Virginia in 4 Years?

As I was discussing some of Arlington’s Community Energy Plan goals with an architect friend of mine the other day, it was apparent to both of us that a number of the County’s stated goals for energy efficiency (such as the 30% increase in efficiency) in its plan track the time line for the incorporation…

November 1, 2010

Estate Planning

Augmented Estates

Virginia’s concept of the “augmented estate” was designed to prevent one spouse from disinheriting the other by transferring assets outside of a will. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts and Estates Newsletter, Jonathan C. Kinney explains that Virginia law historically guaranteed a surviving spouse a share of the deceased spouse’s estate, but modern estate planning tools such as revocable trusts, joint accounts, payable-on-death accounts, and beneficiary…

November 1, 2010

Business and Financial Services

Health Savings Accounts

Health savings accounts, or HSAs, allow individuals enrolled in high-deductible health plans to set aside money on a tax-advantaged basis for qualified medical expenses. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, the analysis explains that HSA contributions can generally be made on a pre-tax basis, investment earnings grow tax-free, and withdrawals remain tax-free when used for eligible medical expenses. The article also notes that unlike flexible…

November 1, 2010

Estate Planning

The Role of the Trust Protector

Trust protectors are becoming more common in irrevocable trusts as more states modify or abolish the rule against perpetuities and allow trusts to continue for multiple generations. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts and Estates Newsletter, Jonathan C. Kinney explains that a trust protector may serve as a mediator, advisor, or decision-maker when disputes arise between trustees and beneficiaries or between different classes of beneficiaries. The article…

November 1, 2010

Estate Planning

Virginia Uniform Power of Attorney Act

Effective July 1, 2010, Virginia adopted the Uniform Power of Attorney Act, joining a handful of other states that have adopted the Uniform Act in some form or fashion. Some of the highlights of the act are: Any power of attorney executed in Virginia after July 1, 2010 is deemed durable unless it expressly states otherwise. A power of attorney is not required to be acknowledged before a notary public but the party’s signature is deemed to be genuine if acknowledged before a notary public. Any…

November 1, 2010

Construction

Tenant Issues in Real Estate Leases

An earlier blog post focused on important issues relating to the Letter of Intent. Assuming now that you have gotten past the letter of intent stage and are moving forward to a binding lease agreement, we will now focus on common legal issues reviewed from the tenant’s perspective. If your current lease is up for…

October 29, 2010

Construction

Violence Against Women Act Protections Extended to HUD Program Housing

For those of you out there who own and/or operate affordable housing subsidized by HUD, you should take note that the protections extended by the Violence Against Women Act (VAWA) have been permanently extended to HUD Section 8 properties. The final rules published yesterday in the Federal Register now make the prior 2008 interim rules…

October 28, 2010

Construction

Arlington’s Community Energy Plan – Just the Facts

Well, now that I’ve had the chance to really focus on and review Arlington County’s Community Energy Plan Summary of Preliminary Recommendations and its Addendum, published on October 13th, it looks like the County has taken its first step toward its goal for a Community Energy Plan. As with prior explanations about the Community Energy…

October 26, 2010

Construction

Indemnity – Going Too Far Can Invalidate the Clause

Those wishing to stretch indemnity clauses to the limit may want to read the recent Supreme Court of Virginia case, Uniwest Construction v. Amtech Elevator Services. This case, in addition to a recent indemnification case from the 4th Circuit, demonstrate that there are some real risks to demanding excessive indemnity obligations in a contract. You…

October 22, 2010