Blogs

Construction

Drywall Claims: New Testing Data, and is US Drywall a Problem Too?

Last week we discussed the first Chinese drywall case going to trial in January involves Virginia plaintiffs. We have two interesting reports that may constitute both shoes dropping at once. First, Engineering News Record reported on November 25, 2009 that a federal study, “found ‘a strong association’ between imported wallboard made in China and metal…

December 2, 2009

Estate Planning

New Uniform Power of Attorney Act in Virginia

Virginia’s adoption of the Uniform Power of Attorney Act represented a major shift in how powers of attorney would be created, interpreted, and accepted. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts and Estates Newsletter, the analysis explains that powers of attorney would become automatically durable unless the document expressly stated otherwise. The article also notes that agents would need specific authority to exercise certain “hot powers,” such as making…

December 1, 2009

Construction

Case Watch: Upcoming Virginia Supreme Court Opinions

Here is a sampling of cases to watch for in 2010. The Virginia Supreme Court has granted appeals for these cases earlier this year, and will hear argument in 2010. In May, the Court granted the appeal in W &W Partnership v. Prince William County BZA, et al., Record No. 090328, challenging the ruling of…

November 30, 2009

Construction

Virginia’s Economic Loss Rule Demystified: The Basics

The economic loss rule defines that most basic of questions: who can sue whom and for what claims. Virginia still sticks to an extremely Conservative judicial model and this philosophical thread is readily apparent in cases dealing with this question. The Virginia economic loss rule provides that in order to sue a party for “economic…

November 25, 2009

Construction

Chinese Drywall – Virginia Plaintiffs Go First

The first trial in the infamous Chinese drywall litigation will apparently involve seven Virginia homeowners. The first case is currently set for a bench trial on January 25, 2010. We have written several times regarding the Chinese drywall litigation, including several months ago in Mid Atlantic Construction. While Virginia plaintiffs will apparently occupy the first…

November 23, 2009

Construction

Katrina Verdict: The Corps of Engineers Takes a Beating

After a 19 day bench trial, on Wednesday evening a federal judge ruled in favor of six plaintiffs seeking compensation against the United States under the Federal Tort Claims Act for damages flowing from Hurricane Katrina. The court ruled that the United States was liable because the flooding leading to the homeowners’ damages was caused…

November 19, 2009

Construction

Recovering Delay Damages under the Virginia Public Procurement Act, Part II

Earlier this year, the Virginia Supreme Court decided Martin Brothers Contractors, Inc. v. Virginia Military Institute, taking the opportunity to revisit its decision in Blake Construction. The Virginia Military Institute (“VMI”) contracted with Martin Brothers to renovate VMI’s main dining facility. During the project, VMI requested changes resulting in a 270-day delay. VMI agreed that…

November 18, 2009

Construction

Metro Safety May Go Federal

The Washington Post reported on Sunday that the Obama administration will propose taking over safety regulation of subways and light rail, including the regional Metro system. Metro has been taking a regular beating in the press recently for safety concerns and its anemic response to those concerns. Metro has apparently gone so far to frustrate…

November 16, 2009

Construction

LEED and Energy Models Continued: The Illinois Regional Study

There are three kinds of lies: lies, damned lies, and statistics. Mark Twain, paraphrasing Benjamin Disraeli We have a new and very interesting recent report on green building to examine, the Regional Green Building Case Study Project: A post-occupancy study of LEED projects in Illinois. The Illinois report studied a mix of projects of various…

November 13, 2009

Construction

Contractually Mandated Mediation: Good or Bad?

Mediation is often touted as a time and cost-saving method of dispute resolution in construction matters. It is not without its critics. Don Short recently posted a discussion, “Why Bother with Mediation?”. Mr. Short’s basic postion: “… mediation of a construction dispute is just an impediment to getting the matter resolved in a timely and…

November 9, 2009