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This blog focuses on real estate, land use and construction-related topics affecting Virginia and the Washington, D.C. metro area. With topics ranging from contract drafting and negotiation to local and regional land use project updates, the attorneys at Bean, Kinney & Korman provide timely insight and commentary on the issues affecting owners, builders, developers, contractors, subcontractors and other players in the industry. If you are interested in having us cover a specific topic, please let us know.

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Posts from March 2020.
Updates and Suggestions: Business Interruption Insurance

Business interruption insurance is insurance to cover losses when businesses are unable to operate for reasons outside of their control. Typically, in the commercial real estate context, landlords obligate tenants to carry this insurance and landlords normally carry their own policies as well. The tenant’s policy would protect their business revenue and the landlord’s policy would protect their rent stream.

Force Majeure in Commercial Leases: Doctrine of Impossibility and Business Interruption Insurance

My most recent article provided a short explanation of force majeure provisions in commercial leases and how landlords and tenants will need to carefully review the language to determine if any obligations by either party can be excused due to the worldwide coronavirus (COVID-19) pandemic. But as is typical with this crisis, facts on the ground are changing every day and now many states and localities are enforcing the closing of businesses and refrain from public gatherings. In particular, restaurants and bars have been closed. Based on the feedback I have received, I thought it would be helpful to explore a few more related issues.