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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 by Timothy Hughes
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    Timothy Hughes is the managing shareholder of Bean, Kinney & Korman. He also represents clients in construction and commercial litigation, as well as corporate, contracts and general business matters. With over 20 years ...

Real estate lawyers and developers know that overcoming NIMBYism is a huge challenge. We are finding that even after approval, you still may face other hurdles including neighbors or even your business competitors challenging or appealing your zoning or permit approval.

Virginia Lawyer’s Weekly recently reported that the Supreme Court of Virginia issued an “unusual order” ... “acting with uncommon speed” when it ordered a halt to two planned local government hearings in Prince William County in such a case.

December 16, 2010
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Weird CricketApologies from the staff for things being a bit quiet here of late .... speaking for myself, I have been whipped by over-engagement.  A whirlwind tour of seven different speaking gigs from mid-October through early December, a busy case load and other intervening factors have jointly conspired to make posting a tough reach lately.

It has been a blast lately though, from the Green Legal Matters seminar in New Orleans to speaking on social media, my first webinar, a fun AIA event, moderating a very interesting Bisnow sustainability panel, to wrapping up at Eco-build.

We return into action today shortly with a repost from the Washington Business Journal and you can expect more regular action here again moving forward!

November 12, 2010
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I ran across a recent TED presentation by Eben Bayer, co-inventor of MycoBond.  MycoBond is an adhesive based on mycelium, a living organism.   In essence, the process uses fungi to transform agriwaste and convert it into a foam-like material that can be used for packaging and insulation.

Styrofoam is ubiquitous in transport and packaging.  Styrofoam takes up 25-30% of landfill area by volume.  Polystyrene manufacturing was recognized by the EPA as the 5th largest creator of hazardous waste all the way back in 1986.  In addition to not being particularly degradable, Styrofoam uses significant amounts of petroleum.

Stretch ArmstrongThose wishing to stretch indemnity clauses to the limit may want to read the recent Supreme Court of Virginia case, Uniwest Construction v. Amtech Elevator Services.  This case, in addition to a recent indemnification case from the 4th Circuit, demonstrate that there are some real risks to demanding excessive indemnity obligations in a contract.  You may actually wind up with nothing if you go too far.

October 18, 2010
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Topics Green

GSA logoLance Davis, director of the sustainability office for the General Services Administration, announced that moving forward, GSA will require all projects to achieve a LEED Gold certification level from through the Leadership in Energy and Environmental Design (LEED) certification system of the U.S. Green Building Council.

The announcement occurred at the Green Legal Matters conference in New Orleans on Oct. 15.

PodiumI wanted to share the materials I have available thus far from our October 1 seminar, Benefits, Costs and Risks of Green Building that we put on for the American Institute of Architects Northern Virginia Chapter.  A quick but very hearty thank you is due to Debbie Burns of the AIA who did a tremendous job organizing the seminar.

 

shhThe GBCI has quietly changed the rules associated with the LEED challenge process.  Few people were even aware of the challenge process and its implications until the Northland Pines High School challenge became a topic of discussion and even controversy.  The original LEED challenge process permitted literally anyone to bring a challenge to a LEED certification at any time.  Chris Cheatham covered the Northland Pines challenge and its aftermath in a series of great posts.

September 28, 2010
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Topics Green

Arby's RichmondOn the return trip from visiting my brother and his family in North Carolina this weekend, we randomly stopped at an Arby's off I-95.  We were greeted by not just surprisingly good food in a suprisingly clean spot, but also a surprise thought exercise in food, sustainability and the potential for market change.

September 22, 2010
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We are hosting a seminar on the Benefits, Costs and Risks of Green Building.  The class is run through the AIA Northern Virginia as a 3-hour workshop on sustainable projects, examining timely topics including cost/benefit issues, public and private regulations and markets, and potential legal risks. This workshop offers 3 HSW/SD LUs for those interested in AIA continuing education credits.  There is a $30 registration fee (includes Continental breakfast) and pre-paid reservations are required.