Construction
Overview
The attorneys at Bean, Kinney & Korman have decades of experience representing construction industry clients with contract issues and litigation in Northern Virginia, Maryland and the Washington, D.C. metropolitan area. We understand the business needs and professional concerns of architects, engineers and contractors, and appreciate the shared and diverse interests each may have in any project. Our legal skills are paired with an understanding of technical design and construction details that are often the heart of complex challenges. You spend less time educating your lawyer and more time making the business decisions necessary to a positive outcome.
Contract Negotiation and Preparation
We are knowledgeable and adept at negotiating and preparing contracts on behalf of owners, contractors, subcontractors and design professionals, such as:
- Owner/Contractor Agreements
- Owner/Architect and Engineer Agreements
- Subcontracts and Subconsultant Agreements
- Design/Build Agreements
- Commercial Lease Buildout Agreements
- Construction Loan Agreements
Additional Construction-Related Legal Services
Businesses in the construction industry must deal with the myriad of contract issues specific to their services and the other development aspects of a project, including zoning and land use , construction financing and bankruptcy .
We help A/E/C clients with industry-specific regulatory, permitting, licensing, and taxation issues, including:
- Coordination with local permitting and code issues and interpretations during due diligence, design, construction and post-occupancy
- Assistance with local and statewide licensing
- Defense of license complaint-related issues
- Coordination and consultation on federal, state and local taxation issues, including federal and state tax and local BPOL taxation issues
Construction Disputes
Our lawyers represent clients in design and construction disputes in both litigation and alternative dispute resolution including:
- Mechanic’s lien and payment bond claims
- Claims for equitable adjustments
- Construction defect and delay litigation
- Products liability claims involving construction-related products
- Warranty claims
Recognized Leaders in the Construction Industry
Our attorneys have been recognized by Best Lawyers in America for construction, land use and bankruptcy law, and are included among the Legal Elite by Virginia Business Magazine and Super Lawyers in a variety of disciplines important to construction industry clients. Our lawyers include a former Chair of the Construction Law and Public Contracts Section of the Virginia State Bar, also named a Leader in the Law by Virginia Lawyers Weekly. Six of our attorneys are U.S. Green Building Council LEED Accredited Professionals. We are regularly published in a variety of industry and business publications and present locally, regionally and nationally on construction-related issues.
We would be pleased to make our capabilities available to you, whatever your role in the building industry, including project-specific matters and the general business needs of your organization.
Publications
- Punch Lists: Minor Tasks Do Not Need to Become a Major Pain Point
Building Washington, ABC of Metro Washington Chapter, July 12, 2023 - Madeira School campus plan wins county approval
Sun Gazette, June 21, 2021 - BUILDING BLOC: How the Construction Industry Can Use the Vote to Shore Up the Foundation of Democracy
Virginia Bar Association Construction Law Blog, October 1, 2020 - Mechanics Lien Flowchart (DC)
Practical Law, June 29, 2019 - Mechanic’s Lien Flowchart (VA)
Practical Law, June 29, 2019 - Mechanic’s Lien Workflow Checklist (DC)
Practical Law, June 29, 2019 - Mechanic’s Liens in Practice (DC)
Practical Law, June 29, 2019 - Mechanics’ Lien Workflow Checklist (VA)
Practical Law, June 29, 2019 - Mechanics’ Liens in Practice (VA)
Practical Law, June 29, 2019 - Ch-Ch-Ch-Ch-Changes: One Contract at a Time
Construction Accounting and Taxation, April 11, 2019 - D.C.’s Historic Preservation Laws – Not the Zoning Regulations – Remain the Biggest Impediment for Pop-Up Development
BKK Construction & Land Use Newsletter, September 1, 2015 - A Patriotic Partnership: The Construction Industry and the Military
BKK Construction & Land Use Newsletter, June 4, 2015 - Fairfax County’s Plans for the Route 1 Corridor
BKK Construction & Land Use Newsletter, June 4, 2015 - Arlington’s New Take on Density Exclusions
BKK Construction & Land Use Newsletter, March 3, 2015 - Arlington’s New LEED Standards
BKK Construction & Land Use Newsletter, December 5, 2014 - Protecting Your Brand: A Gift Not Reserved for the Holidays
BKK Construction & Land Use Newsletter, December 5, 2014 - Amendment to the Interstate Land Sales Full Disclosure Act
BKK Construction & Land Use Newsletter, December 5, 2014 - D.C. Office of Planning Takes a Stand Against Pop-Ups With New Zoning Text Amendment
BKK Construction & Land Use Newsletter, September 2, 2014 - Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rules
BKK Construction & Land Use Newsletter, June 2, 2014 - Five Major Terms Construction Contractors Need to Worry About
BKK Construction & Land Use Newsletter, December 3, 2013 - Handshakes to Hashtags: The Evolution of Deal-Making in the Construction Industry
BKK Construction & Land Use Newsletter, December 3, 2013 - When Do Virginia Contractors Need a License?
BKK Construction & Land Use Newsletter, September 11, 2013 - Construction Contracts: Avoiding Clashes and Irreconcilable Differences
BKK Construction & Land Use Newsletter, March 1, 2013 - Construction Codes: Putting Your Vote into Action
BKK Construction & Land Use Newsletter, September 1, 2012 - Knowing When to Pull the Plug on a Construction Project
BKK Construction & Land Use Newsletter, June 1, 2012 - D.C. Jobs Bill has Far-Reaching Implications for Contractors
BKK Construction & Land Use Newsletter, March 1, 2012 - Construction Issues at Condominiums
Construction Accounting and Taxation, January 1, 2012 - Project Labor Agreements: Legal and Political Considerations for Public Projects
Virginia Bar Association Journal, December 1, 2011 - Preserving National Historic Treasures
Masonry Magazine, November 18, 2011 - GSA Construction Funding Evaporation and Its Implications
Commonwealth Contractor, Associated Builders and Contractors-Virginia Chapter, November 1, 2011 - Bankruptcy – Not Necessarily an End to Construction Payments
BKK Construction & Land Use Newsletter, September 1, 2011 - Corporate Protections and Their Limits
AIA Northern Virginia News, July 1, 2011 - Effective Use of Social Media in the Masonry Industry
Masonry Magazine, July 1, 2011 - Summer Update for Construction Professionals
BKK Construction & Land Use Newsletter, June 1, 2011 - Transferable Development Rights: Now in Action in Arlington
Commonwealth Contractor, May 1, 2011 - The Hidden and Not-So-Hidden Costs of Public Contracts
Masonry Magazine, March 1, 2011 - The Legal Impact of Green Codes
AIA Northern Virginia News, January 28, 2011 - Energy and the Construction Market: Risk and Opportunity
Commonwealth Contractor, January 1, 2011 - Social Media in the Construction Industry
BKK Construction & Land Use Newsletter, December 1, 2010 - Minimizing the Likelihood of Masonry Litigation
Masonry Magazine, November 1, 2010 - Electronic Documents: What You Don’t Know Can Hurt You
Masonry Magazine, September 16, 2010 - Arbitration: An Effective Alternative to Litigation
BKK Construction & Land Use Newsletter, September 1, 2010 - Pluses and Minuses: Cost-Plus V. Fixed-Price Contracts
Construction Accounting and Taxation, September 1, 2010 - Architect Escapes Indemnity Claim Based on ADA and FHA
AIA Northern Virginia News, June 1, 2010 - Practice as a LEED Accredited Professional
Virginia Lawyers Weekly, May 1, 2010 - “Please Pull Up to the First Window”
BKK Construction & Land Use Newsletter, April 1, 2010 - How Not to Get Sued
AIA Northern Virginia News, March 1, 2010 - The Benefits of LEDs
BKK Construction & Land Use Newsletter, February 1, 2010 - A Look at LEED 2009
Construction Specifier, November 1, 2009 - Mechanic’s Liens and Construction Bonds 101
BKK Construction & Land Use Newsletter, October 1, 2009 - Green Overgrowth
Building Washington, Vol. 24, No. 3, September 1, 2009 - Chinese Drywall: The Return of National Construction Products Liability Litigation
Construction, Accounting and Taxation, Volume 19, Number 5, September 1, 2009 - Shades of Green
Commonwealth Contractor, September 1, 2009 - State of Independence
Masonry Magazine, June 1, 2009 - Healthcare Goes Green
Medical Construction and Design, June 1, 2009 - Preventing Financial Ruin from Construction Contracts
BKK Construction & Land Use Newsletter, June 1, 2009 - The Mold Threat
Electrical Contractor, February 1, 2009
Blogs
- What Every Buyer and Builder Should Know About Virginia’s Implied Warranty on New Homes
Real Estate, Land Use & Construction Law, Wednesday October 9, 2024 - Charting the Path Forward: Strategic and Legal Considerations for the Construction Industry in 2024
Real Estate, Land Use & Construction Law, Thursday June 13, 2024 - Critical Contract Terms for Construction in 2024: Legal Strategies for Navigating Uncertain Economic Waters
Real Estate, Land Use & Construction Law, Monday May 20, 2024 - Navigating Second-Order Economic Impacts on Construction: Strategic Legal Insights for 2024
Real Estate, Land Use & Construction Law, Tuesday April 30, 2024 - Economic Dynamics and Risk Management in Construction: A Legal Perspective for 2024
Real Estate, Land Use & Construction Law, Wednesday April 24, 2024 - Navigating the 2024 Construction Market in Washington, DC – A Sector-by-Sector Analysis
Real Estate, Land Use & Construction Law, Friday April 19, 2024 - Safeguarding Your Construction Business Against Third-Party Bankruptcy
Real Estate, Land Use & Construction Law, Tuesday April 9, 2024 - Navigating “Pay-if-Paid” and “Pay-when-Paid” Clauses in DC, Virginia, and Maryland: A Guide for Construction Professionals
Real Estate, Land Use & Construction Law, Tuesday February 27, 2024 - What Contract Terms are Legally Required for Virginia Residential Contracting Projects?
Real Estate, Land Use & Construction Law, Monday July 3, 2023 - “Pay When Paid” Change for Subcontractors Coming to Virginia
Real Estate, Land Use & Construction Law, Friday November 4, 2022 - The Missing Middle
Real Estate, Land Use & Construction Law, Friday July 1, 2022 - When Do You Need a Virginia Contractor’s License?
Real Estate, Land Use & Construction Law, Tuesday June 21, 2022 - HUBZone Compliance, Protests, and Affiliates
Business Insights, Wednesday March 9, 2022 - How is the Local Office Leasing Market Doing a Year After the Amazon HQ2 Announcement?
Real Estate, Land Use & Construction Law, Thursday January 16, 2020 - What will be the Impact of Amazon HQ2 to the Hotel Industry?
Real Estate, Land Use & Construction Law, Friday July 19, 2019 - Arlington County Reviews Residential Parking Working Group Proposals
Real Estate, Land Use & Construction Law, Wednesday July 12, 2017 - New Owner-Occupancy Rules for Condominium Developments
Real Estate, Land Use & Construction Law, Friday November 4, 2016
Reported Cases
- In re Ayoub_2019 Va. Cir. LEXIS 1059 (June 14, 2019)
- Bindra v. Michael Bowman & Assocs., Inc. 58 Va. Cir. 47 (2002)
- Casey Indus. v. Seaboard Sur. Co., No. 1:06cv249, 2006 U.S. Dist. LEXIS 22519 at *1 (E.D. Va. Apr. 20, 2006)
- D.C. McClain, Inc. v. Arlington County, 249 Va. 131 (1995)
- Pulte Home Corp. v. Parex, Inc., 265 Va. 518 (2003)
News
- Bean, Kinney & Korman Named a 2025 “Best Law Firm” for Fourteenth Consecutive Year
Tuesday November 12, 2024 - Bean, Kinney & Korman Named a 2024 “Best Law Firm” for Thirteenth Consecutive Year
Thursday November 2, 2023 - Stafford judge dismisses lawsuits concerning proposed methadone clinic
The Free Lance-Star, Tuesday September 12, 2023 - Alexandra M. Fletcher, Allison K. Riddle and Joseph P. Macy Join Bean, Kinney & Korman
Friday July 7, 2023 - Bean, Kinney & Korman Named a 2023 “Best Law Firm” for Twelfth Consecutive Year
Thursday November 3, 2022 - Bean, Kinney & Korman Named a 2022 “Best Law Firm” for Eleventh Consecutive Year
Thursday November 4, 2021 - Contracts for Contractors
TRUSTED ADVISOR PODCASTS BY THE IROQUOIS GROUP • EPISODE 59, Tuesday March 16, 2021 - Charles (Chas) McAleer, Dean Luo and Harrison Clinton Join Bean, Kinney & Korman
Friday February 12, 2021 - Bean, Kinney & Korman Named a 2021 “Best Law Firm” for Tenth Consecutive Year
Thursday November 5, 2020 - Matthew Roberts interviewed in “Could Supreme Court ruling affect local proffer policies?”
Charlottesville Tomorrow, Monday July 22, 2013 - Q&A on Succession Planning with Timothy Hughes in Construction Executive magazine
Construction Executive, Thursday November 1, 2012 - Bean, Kinney & Korman Named a Best Law Firm by U.S. News Media Group and Best Lawyers in America
Thursday November 1, 2012 - Juanita Ferguson Named Chair of Legislative Committee for Associated Builders and Contractors of Metro Washington
Wednesday January 4, 2012 - Juanita Ferguson Presents on the Fundamentals of Construction Law at the Judicial Conference of Virginia for District Court Judges
Friday August 19, 2011 - Juanita Ferguson to present at the Virginia Bar Association’s Annual 121st Meeting 2011
Wednesday December 29, 2010 - Timothy Hughes featured in “Northern Virginia goes green without disputes”
Virginia Lawyers Weekly, Wednesday May 26, 2010 - Tim Hughes featured in “Builders question efficacy of green certification.”
Washington Business Journal, Monday April 12, 2010 - Timothy Hughes featured in “No Word Yet From JBG After Judge Dismisses Convention Hotel Lawsuit”
Washington Business Journal, Tuesday March 30, 2010 - Arlington Law Firm Puts a Focus on Supporting Energy-Efficient Design
Sun Gazette, Sunday May 10, 2009
Events
- Project Mangers & Superintendents’ Academy 2022
Potomac, MD, Thursday, November 10, 2022 - New Wage and Employment Laws Impacting Construction
Online, Thursday, May 6, 2021 - Transferable Development Rights – What They Are and Why You Need to Know
Bean, Kinney & Korman, Friday, January 27, 2017 - “Deconstructing D.C. Mechanic’s Lien Law” Webinar
Thursday, January 1, 1970 - “Arlington – Value Proposition of Sustainability Roundtable”
Navy League Building, 2300 Wilson Blvd., Arlington, Virginia, Thursday, January 1, 1970 - “Construction Law”
Virginia Beach, Virginia, Monday, August 8, 2011