Blogs

Construction

EPA Accepts Virginia’s Plan for the Bay

Last week EPA issued its “pollution diet” for the Chesapeake Bay. The total maximum daily load (TDML) of various materials is established by EPA in the diet and includes a 25% reduction in nitrogen, a 24% reduction in phosphorous, and a 20% reduction in sediment according to Engineering News Record (subscription only). The plan also…

January 7, 2011

Government Contracts

Competitors Challenging Land Use Approvals

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…

December 16, 2010

Construction

Social Media in the Construction Industry

Construction companies were beginning to embrace social media as a way to market services, recruit employees, manage projects, and communicate with clients. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that tools such as LinkedIn, Facebook, Twitter, blogs, RSS feeds, and project webcams allowed contractors to showcase work, share updates, and strengthen their brands. The article notes that social media could be a…

December 1, 2010

Construction

Tenant Issues in Real Estate Leases Part II

Part I of this post focused on basic provisions found in commercial real estate leases such as assignment and subletting, use restrictions and the determination of the commencement date. Here in Part II, below, we will address other important issues from the tenant’s perspective including insurance, mutual waivers and defaults.

November 19, 2010

Construction

Mushrooms May Replace Styrofoam?

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…

November 12, 2010

Construction

IGCC Public Version 2.0 Released For Comment

The second draft version of the International Green Construction Code being prepared by the International Code Council (Public Version 2.0) was released last week as anticipated, which incorporates the actions taken at the hearings this past August. If you have any suggestions on how to improve on Public Version 2.0, Code Change Submittals are now…

November 9, 2010

Construction

Commercial Real Estate Tax Upheld – FFW Appeal Struck Down

Did you hear that whooshing sound? That was the collective sigh of relief from localities embraced by the Northern Virginia Transportation Authority who have levied a special transportation tax against commercial property owners while exempting residential property owners from that same tax. The Supreme Court released its opinion this morning that commercial and industrial property…

November 4, 2010

Construction

From Incentives to Mandate – The ICC’s Green Construction Code – Will We Need Third Party Rating Systems in Virginia in 4 Years?

As I was discussing some of Arlington’s Community Energy Plan goals with an architect friend of mine the other day, it was apparent to both of us that a number of the County’s stated goals for energy efficiency (such as the 30% increase in efficiency) in its plan track the time line for the incorporation…

November 1, 2010

Construction

Tenant Issues in Real Estate Leases

An earlier blog post focused on important issues relating to the Letter of Intent. Assuming now that you have gotten past the letter of intent stage and are moving forward to a binding lease agreement, we will now focus on common legal issues reviewed from the tenant’s perspective. If your current lease is up for…

October 29, 2010

Construction

Violence Against Women Act Protections Extended to HUD Program Housing

For those of you out there who own and/or operate affordable housing subsidized by HUD, you should take note that the protections extended by the Violence Against Women Act (VAWA) have been permanently extended to HUD Section 8 properties. The final rules published yesterday in the Federal Register now make the prior 2008 interim rules…

October 28, 2010