Blogs

Construction

Affirmed! “Unanimous” United States Supreme Court Opinion in Stop the Beach Renourishment, Inc.

Back in December, I discussed the Florida Supreme Court’s decision in Stop the Beach Renourishment, and guessed that the United States Supreme Court would affirm the Florida court’s decision, but duck the novel constitutional question of whether there could be a “judicial taking.” I ended up being a little more than half right. The United…

June 18, 2010

Construction

Contractors’ Best Risk Management: Avoid Problem Projects and Customers

While I LOVE trying cases, my clients usually detest court cases and do their best to avoid litigation. Forming appropriate entities, drafting tight contracts, and ensuring proper documentation are all critical risk management strategies … but I would say they all come a distant second. The number one way to avoid problems is to avoid…

June 17, 2010

Construction

What is in a Name? Tir Conaill Properties, L.C. v. 2401 Wilson, LLC

Winding down our update of the first round of Case Watch opinions, the Virginia Supreme Court has finally released its long awaited decision in Tir Conaill Properties, L.C. v. 2401 Wilson, LLC, Record Number 090855. Although the opinion is quite short at only three pages, it is chock full of warnings to the unwary litigator.…

June 15, 2010

Construction

Are Developers Stuck Holding the Bag for Architect’s ADA and FHA Mistakes? Equal Rights Center and Archstone v. Niles Bolton Associates

A recent decision from the US Court of Appeals for the Fourth Circuit should be sending cold chills up and down developers’ spines regarding complaints under the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA). The case, Equal Rights Center and Archstone v. Niles Bolton Associates, basically ruled that a developer was not…

June 14, 2010

Construction

East Falls Church Planning Task Force Completes Three Year Effort

We are very pleased to have another colleague writing for us today. Jon Kinney is a highly regarded land use and real estate law expert with our firm. Jon brings us commentary on changes coming to Arlington County’s planning for the East Falls Church area in Northern Virginia. In anticipation of the opening of Metro’s…

June 11, 2010

Construction

Spewing Oil: On Personal Choices and New Energy Regulation

For the first time since we started the blog, I have gotten stuck in place unable to write. Like everyone, I have watched the oil spewing into the gulf with horror, frustration and a sense of the inevitability of this type of disaster when dealing with extraction and transportation of oil.

June 7, 2010

Construction

Part II: Subordination, Non-disturbance and Attornment Agreements

In this Part II, we continue the discussion of Subordination, Non-Disturbance and Attornment Agreements, and suggest ways tenants can protect themselves in the current marketplace.

June 1, 2010

Construction

Montgomery County Passes Carbon and Energy Tax

Last week, Montgomery County, Maryland passed what has been described as the nation’s first local carbon tax. The tax imposes $5 per ton on any entity that emits more than 1 million tons of carbon dioxide in a single year. Interestingly, the tax only applies to Mirant Corporation which owns the Dickerson Generating Plant in…

May 24, 2010

Construction

Case Watch: Upcoming Virginia Supreme Court Opinions

Here is a new sampling of cases in which the Virginia Supreme Court has recently granted appeals. In April, the Court granted the petition for appeal in Studio Center Corporation v. WKW Construction, LLC, Record No. 092257, challenging the ruling of Judge Shockley from the Circuit Court of the City of Virginia Beach. Studio Center…

May 19, 2010

Construction

Economics and Sustainability Meet – Walmart’s Progress Update

Improving sustainability does not mean just increasing costs. Indeed, the best thinkers in the sustainability dialogue understand and embrace the need to include economics and profitability into the equation. This is particularly true in the current economic environment.

May 17, 2010