Blogs

Construction

Virginia Stormwater Regulations Update

As noted in our previous stormwater regulation discussion, The Virginia Soil and Water Conservation Board has been considering amending their regulations. Per the Virginia Association of Counties, the Board adopted an amended version of the regulations last night. The extensive amendments will translate to a new public comment period to begin on October 26. The…

October 6, 2009

Construction

Crossing Your t’s and Dotting Your i’s: Perfecting Appeals of Public Contract Decisions in Virginia

Be aware that the procedural requirements of Virginia Code Section 15.2-1246 [pdf] apply to appeals denying claims arising under contracts covered by the Virginia Public Procurement Act, according to the recent case, Viking Enterprise, Inc. v. County of Chesterfield, Record No. 080215 (Jan. 16, 2009) [pdf]. In Viking Enterprise, Viking entered into a written contract…

October 5, 2009

Government Contracts

An Aggressive Bidding Environment … the Perfect Storm for Claims

The construction industry is receiving somewhat mixed economic signals lately. On the good news front, the home building industry which has been mired in recession far longer than the rest of the economy is showing signs of life. Bloomberg reported that sales of new homes climbed in August to a high for the year. The…

October 2, 2009

Construction

Mechanic’s Liens and Construction Bonds 101

Mechanic’s liens and construction bonds can provide critical payment protection for contractors, subcontractors, and suppliers working on construction projects. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that mechanic’s lien rights and bond claim procedures vary significantly between Virginia, Maryland, and the District of Columbia. The article notes that Virginia generally requires a Memorandum of Mechanic’s…

October 1, 2009

Construction

Show Me the Money: Know and Protect Your Lien and Bond Rights

The current state of the economy makes clear that cash-flow is king in the construction industry. As our last post discussing the failed Granby Tower project in Norfolk demonstrates, even very high profile projects can suffer disastrous failures if the players have not addressed financing issues appropriately. For both general contractors and subcontractors, the first…

September 28, 2009

Construction

Yes, Virginia, Contract Terms Do Matter

As noted earlier today, we had the opportunity to post on the Construction Law Musings blog today as a guest blogger. The post discusses litigation involving the failed Granby Tower project in Norfolk, Virginia – Norfolk inhabitants will likely know this project as the excavated hole in the ground downtown filling with water for the…

September 25, 2009

Construction

We Like Joining the Conversation

One of the more intriguing and rewarding aspects of our recent entry into the legal blogging and social media arena has been the rapid development of conversations and connections with interesting people. Two of these friendships have led to cross-posts on a pair of our friend’s blogs. We have been friendly with Chris Hill at…

September 25, 2009

Construction

LEEDing to Unintended Consequences – The Ghost of LEED Future

As discussed previously, USGBC has imposed extended reporting requirements as part of its minimum program requirements for LEED. It appears the extended reporting already adopted may only be an initial step. We may see extended reporting requirements backed up by decertification; we may see on-going recertification as a basic part of LEED program structure. I…

September 21, 2009

Construction

Energy, Post-Occupancy & Codes: The Ghosts of LEED Present

The recent New York Times piece criticizing LEED (discussed previously) has reignited discussion of the potential for decertification after initial issuance of LEED certification. Some previously pointed to the USGBC addition of extended energy reporting for five years after occupancy as a “Minimum Performance Requirement” and the threat of decertification as an enforcement mechanism. More…

September 18, 2009

Construction

Finishing What You Started: When courts will refuse to compel arbitration

It is common to have arbitration clauses in contracts, and courts will honor these clauses in all but very rare instances. In fact, Virginia courts have repeatedly stated a clear public policy in favor of arbitration and upholding arbitration agreements. Additionally, Virginia Code Section 8.01-581.02 (A) [pdf] mandates a court to compel arbitration when a…

September 16, 2009