Blogs

Construction

In Virginia, Better Give Notice of Claims on Time: Commonwealth v. AMEC Civil, LLC

The Supreme Court of Virginia has issued its long awaited notice decision in the Commonwealth v. AMEC Civil LLC case. The result is a pretty painful smack-down of the substantial bulk of the contractor’s claims based on lack of statutory notice. Not surprisingly, the court strictly construed statutory notice requirements for claims against the Virginia…

September 16, 2010

Construction

How NOT to Communicate

While it may not seem like it from talking to many lawyers, a very important part of the job of the lawyer is effective communication. Occasionally, I run across materials that are great examples of great communication, or even more often examples of how not to communicate. (Happily, these are often the most entertaining things…

September 14, 2010

Construction

Our Blog’s One Year Anniversary: Our Top Twenty Posts

Our blog went live on September 10, 2010, so today marks our first anniversary. We have enjoyed the conversations and appreciated being forced to keep up with the avalanche of technical and legal information that flows past trying to find good topics.

September 10, 2010

Construction

Non-Uniform Property Taxation Heading to Supreme Court in September

For those of you out there who are following whether commercial real estate can be taxed at a different rate than residential property, FFW Enterprises v. Fairfax County, et al. has been slated for the Supreme Court’s September arguments docket. Like most other states, in the Commonwealth of Virginia the Constitution contains a “Uniformity Clause”…

September 1, 2010

Construction

Arbitration: An Effective Alternative to Litigation

Arbitration can provide a faster and more efficient way to resolve construction disputes than traditional litigation. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that arbitration allows parties to select an arbitrator with experience in the subject matter of the dispute rather than having a judge assigned by the court. The article notes that once arbitration begins, the parties typically exchange documents,…

September 1, 2010

Business and Financial Services

Restrictive Covenant as a Restraint of Trade

Virginia courts disfavor restraints on trade and will enforce restrictive covenants only when they are reasonable between the parties and do not harm the public. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that BP Products v. Stanley involved a covenant requiring an Alexandria gas station owner to purchase all fuel and petroleum products exclusively from BP. The article notes that the court refused to enforce the covenant because…

September 1, 2010

Tax Law

Tax Law: Health Care Tax Credits, Penalties and “Cadillac” Plans

The Affordable Care Act created new tax credits, penalties, and excise taxes that affected businesses differently depending on their size and the type of health coverage they offered. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, the analysis explains that small employers with 25 or fewer full-time equivalent employees could qualify for a tax credit if they contributed toward employee health insurance premiums. The article notes that the full credit was…

September 1, 2010

Construction

Arlington Expands Dubious Civil Rights Claims in HOT Lanes Lawsuit

Arlington County has moved to sue yet another individual transportation official in its pending HOT lanes project in federal court in the District of Columbia. The pending case, a fight over the HOT/HOV lanes in I-395, argues that VDOT and the US Department of Transportation failed to undertake appropriate traffic, environmental, and other studies in…

August 31, 2010

Construction

Remanded! Kersey v. PHH Mortgage Corp. – So What is the True Value of Facetime?

It’s hard to believe it’s already been over six months since we discussed this case in the blog post Never Underestimate the Value of Facetime, where Judge Williams of the U.S. District Court for the District of Virginia (Richmond Division) found a “distinct and ripe controversy” of whether PHH owed Kersey a face-to-face interview before…

August 25, 2010

Construction

EPA Withdraws Significant Portion of Storm Water Regulations in Court Case

The US EPA was forced to withdraw a portion of its proposed storm water management regulations in the context of a pending court challenge by the National Association of Homebuilders (NAHB) and other parties. In the pending appeal to the United States Court of Appeals for the Seventh Circuit, the EPA filed an unopposed motion…

August 23, 2010