Blogs

Construction

Searching for the Escape Hatch: The Variance

Although it is a familiar term in the zoning lexicon, the variance is one of the least understood devices in the zoning toolbox. Known to dirt lawyers as the “escape hatch,” the variance gives relief to property owners from zoning requirements where the strict application of the zoning ordinance would be unconstitutional as to a…

January 16, 2014

Construction

A Tenant’s Right to Offset. Proceed with Caution: Part 2

Part one of this series explained a landlord’s obligations under commercial lease agreements and the remedies available for a commercial tenant should a landlord default. Part two of this series will explain how and when to include offset provisions in a lease. As mentioned above, landlords will strongly resist including an offset provision in the…

January 13, 2014

Construction

A Tenant’s Right to Offset. Proceed with Caution: Part 1

Part one of this series explains a landlord’s obligations under commercial lease agreements and the remedies available for a commercial tenant should a landlord default. Part two of this series will explain how and when to include offset provisions in a lease. A commercial tenant’s right to remedy a default by the landlord by performing…

January 5, 2014

Construction

Much Ado About Subdivided Lots and Plats

Pop quiz: You want to purchase an undeveloped lot with the hopes of building your home on it. You hire a title company to perform the title work, which appears to come back clean. You are told your lot used to be part of a bigger parcel, but it was subdivided a few years ago,…

December 26, 2013

Construction

Five Construction Terms Contractors Need to Worry About

Most contract negotiations boil down to several key terms. For construction contractors, these are five critical items that you need to carefully consider and negotiate in each of your agreements. I. What is the Scope? The starting place of a construction contract is the work to be performed. Remarkably, this is often poorly or inconsistently…

December 16, 2013

Construction

Of Boats, Dining and Zoning: Virginia Supreme Court Decides Old Dominion Boat Club v. Alexandria City Council

On October 31, 2013, the Virginia Supreme Court decided Old Dominion Boat Club v. Alexandria City Council, et al. The case involved ongoing litigation between the Old Dominion Boat Club (ODBC), the City of Alexandria, and the owner of a restaurant along Union Street in Alexandria, regarding the continuing existence of a private easement in…

November 1, 2013

Construction

The Recurring Quixotic Quest for Zoning Moratoria in Northern Virginia

Arlnow.com recently reported that the Arlington Ridge Civic Association (ARCA) has requested the Arlington County Board “freeze” all zoning action within the Arlington Ridge neighborhood until the impact of current development on the neighborhood can be assessed. This request came as part of ARCA updating its Neighborhood Conservation Plan, a non-binding document that creates recommendations…

October 19, 2013

Construction

When Do Virginia Contractors Need a License?

The question of exactly what triggers a requirement for a contractor’s license comes up frequently in my practice. Like many other things in the law, the answer is not particularly clear and can be somewhat circular. Still, there are some practical signposts that provide definition and allow for some risk analysis. Starting Point: What Does…

September 25, 2013

Construction

Newberry Station: Political Contributions vs. Political Realities

Political contributions and developer-politician interaction are facts of life in the development community. And it makes sense too – developers bring many benefits to communities, such as housing, work space, shopping, and contributions to community amenities, while politicians help marshal the project in a manner they believe will benefit constituents. To be sure, there must…

September 11, 2013

Construction

Sansotta v. Town of Nags Head: Localities Cannot Manipulate the Litigation Process to Avoid Taking Claims

On July 25, 2013, the United States Court of Appeals for the Fourth Circuit decided Sansotta v. Town of Nags Head, a case out of North Carolina. Sansotta dealt with the important issue of “ripeness,” which asks whether a case is procedurally appropriate for a court to make its decision.

July 27, 2013