Blogs

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

Construction

Stormwater Regulations: Biggest Development Impediment You Have Never Heard Of

The Environmental Protection Agency is in the process of developing proposed national rulemaking to strengthen its stormwater program. The proposed rulemaking, which was previously announced in the Federal Register on Dec. 28, 2009, could dramatically alter the playing field for development of all types. This is particularly true in the D.C. region given its placement…

August 19, 2010

Construction

Virginia Constitutional Amendments Slated for November 2nd General Election

This year’s proposed Constitutional Amendments are now up for review prior to being voted on during the November 2, 2010 General Election this fall. There are three proposed amendments on the table:

August 18, 2010

Construction

Why All the Attempts to Allege Construction Cases as Fraud? Limitations and Economic Loss Rule

Many plaintiffs attempt to allege fraud claims in construction cases. These attempts generally fail in Virginia because a claimant must allege a basis for a fraud claim that arises outside the context of a contractual duty. This theory was clearly established in the Richmond v. McDevitt Street Bovis case in 1998, but we still see…

August 16, 2010

Construction

Washington Business Journal – First Post on Stimulus Funding is Live

We are very enthused to announce that I have been asked to regularly post as a guest blogger with the Washington Business Journal. WBJ is one of our very favorite sources of information, news and commentary regarding business, law and real estate. The guest blog spots will be weekly and part of their Biz Beat…

August 10, 2010