Blogs

Construction

Not So Fast! Restrictive Covenants and Romito v. The Bexley Association

Judge Gill of the Chesterfield County Circuit Court recently had the chance to review whether a homeowner was bound by a restrictive covenant obliging him to pay for his homeowner’s association’s common area maintenance and other fees.

October 6, 2010

Construction

Never Underestimate the Value of Face Time – or Subject Matter Jurisdiction!

Back in August, I posted about Judge Williams’ decision in Kersey v. PHH Mortgage Corp. to kick a foreclosure case back to state court due to lack of subject matter jurisdiction. If you recall, the home owner in that case argued that PHH could not foreclose because they failed to provide a face-to-face meeting as…

October 5, 2010

Construction

Michael Brown Out, Barbara Donnellan In

After just a brief stay as the County Manager of Arlington County, Michael Brown has left the position, and Barbara Donnellan, who was acting County Manager prior to Michael Brown being hired, has now been appointed as the new permanent County Manager of Arlington County. No reason for the change-up has yet been given, except…

October 1, 2010

Construction

VDOT: We Have “One Billion (Unspent) Dollars”

Cherry, Bekaert & Holland has released a completed audit of the Virginia Department of Transportation that detailed almost $1 billion of unspent money. “McDonnell’s Millions” will run this holiday season as Gov. Bob McDonnell announced that VDOT would award $800 million to $900 million in maintenance and construction contracts by Dec. 31.

October 1, 2010

Construction

Tax Increment Financing For The Future Crystal City?

As many of our readers know, the new Crystal City Sector Plan was considered last night (see here for our prior analysis of the proposed plan), but did you know it contained a proposal for a Tax Increment Financing (“TIF”) fund to include the Crystal City, Potomac Yard and Pentagon City areas at the same…

September 29, 2010

Construction

Sustainability, Fast Food & Market Change – My Visit to Arby’s

On 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 28, 2010

Construction

Attorney General Issues Opinion on Cash Proffers

Per a request made by Delegate Christopher Peace (R – 97th District, who represents parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County), Attorney General Cuccinelli has clarified the position of the AG’s office about the newly enacted Section 15.2-2303.1:1 of the Code of Virginia, which…

September 27, 2010

Construction

Justice Department Promulgates New ADA Regulations

The U.S. Department of Justice (DOJ) recently published new regulations in the Federal Register on September 15, with the final rules taking effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. These new regulations relate to the implementation…

September 23, 2010

Construction

October 1 Seminar: Benefits, Costs and Risks of Green Building

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…

September 22, 2010

Construction

Yes, the Board of Supervisors Can Amend Your Proffer After the Hearing

In an attempt to get out of having to comply with a proffer, a developer has tried, and failed, to claim that a proffer could not be amended at a public hearing without having to resubmit the amended in proffer in writing and to conduct a subsequent public hearing. The facts in Arogas, Inc., Et…

September 20, 2010