Blogs

Construction

Transfer of Development Rights Model Ordinance Released

Andrew McRoberts reported on Thursday that the Virginia Association of Counties released its Model Transfer of Development Rights Ordinance for Virginia Localities. Andrew was part of a working group that worked with a number of stakeholders to develop this model ordinance so that it may be used as a guide for localities in Virginia unfamiliar…

January 11, 2010

Construction

Fueling the Future?

Energy production, sources, costs and impact are a constant fundamental part of the economy and the construction industry. Nevertheless, there is a diverse flood of fuel related topics and commentary over the last week or two in Engineering News Record that is suprisingly interesting and dense. On the biofuel front, ENR reprints and AP report…

January 8, 2010

Construction

Tax Relief Currently Under Consideration in the General Assembly

Tax reform means “Don’t tax you, don’t tax me, tax that fellow behind the tree.” – Russell Long, U.S. Senator from Louisiana, 1948-1987. Despite the budget crisis facing the Commonwealth and local jurisdictions all around Virginia, the General Assembly is considering new tax credits and limits in its upcoming session. HB 2 proposes a tax…

January 5, 2010

Construction

Predictions on the Future of Green Building

As we kick off 2010, it is a good time to make some predictions on the future of green building. While these predictions anticipate a longer time horizon than just the coming year, my bet is we will see some of these trends manifest during 2010. We can also expect that some of these topics…

January 4, 2010

Tax Law

Tax Law: FIN 48: Will It Be The Feared Road Map for IRS?

FIN 48 expanded the disclosure obligations tied to uncertain tax positions and created concern that businesses would effectively be giving the IRS a roadmap to challenge their tax returns. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, the analysis explains that FIN 48 applies to all income tax positions, including decisions not to file returns, allocations among taxing jurisdictions, and classifications of income. The article notes that although FIN 48…

January 1, 2010

Construction

Bills Coming Up the Pike from Richmond

With the General Assembly set to convene and prefiling ending on January 13th, I thought it would be worth while to take a look at the legislative proposals submitted thus far to see if anything jumped out at me this year from the land use side of things. Suprisingly, this session looks kind of light…

December 30, 2009

Construction

How to Pick a Lawyer

We are a bit over three months into our blog and also approaching the end of the year. This always makes me take stock and wax a bit philosophical. Questions of why I do what I do, why I enjoy doing it, and how that compares or contrasts to the rest of the legal profession…

December 24, 2009

Construction

Financial Contingencies, “Pay if Paid” Clauses and Takings, Oh My!: The Fallout from the Granby Towers Litigation

In 2004, 515 Granby, LLC proposed a $180.5 million condo development. With 34 stories and 327 units, Granby Towers would be the tallest building in Norfolk and would revitalize the northern part of the city. The following year, the federal government threatened to condemn the property, causing just enough of a delay for the ebbing…

December 23, 2009

Construction

Virginia Confessions of Judgments Can Be Fragile

A recent Fairfax County Circuit Court case highlights how fragile confessions of judgments can be in Virginia. The case, Superior Paving v. Bud & The Boyz Construction, resulted in a confessed judgment being set aside by the trial court.

December 21, 2009

Construction

Is Universal Design Green?

We are very pleased to have our inaugural guest post by John Salmen, AIA. A licensed architect, John is President of Universal Designers and Consultants, Inc.. John has specialized in barrier free and universal design for 30 years and is a recognized expert on US accessibility regulations and a leader in the field of Universal…

December 17, 2009