Blogs

Construction

How to Pick a Lawyer

We are a bit over three months into our blog and also approaching the end of the year. This always makes me take stock and wax a bit philosophical. Questions of why I do what I do, why I enjoy doing it, and how that compares or contrasts to the rest of the legal profession…

December 24, 2009

Construction

Financial Contingencies, “Pay if Paid” Clauses and Takings, Oh My!: The Fallout from the Granby Towers Litigation

In 2004, 515 Granby, LLC proposed a $180.5 million condo development. With 34 stories and 327 units, Granby Towers would be the tallest building in Norfolk and would revitalize the northern part of the city. The following year, the federal government threatened to condemn the property, causing just enough of a delay for the ebbing…

December 23, 2009

Construction

Virginia Confessions of Judgments Can Be Fragile

A recent Fairfax County Circuit Court case highlights how fragile confessions of judgments can be in Virginia. The case, Superior Paving v. Bud & The Boyz Construction, resulted in a confessed judgment being set aside by the trial court.

December 21, 2009

Construction

Is Universal Design Green?

We are very pleased to have our inaugural guest post by John Salmen, AIA. A licensed architect, John is President of Universal Designers and Consultants, Inc.. John has specialized in barrier free and universal design for 30 years and is a recognized expert on US accessibility regulations and a leader in the field of Universal…

December 17, 2009

Construction

Eminent Domain, Public/Private Land Inventories and Economic Development

Step 1: Create Redevelopment and Housing Authority (the “Authority”) Step 2: Authority identifies areas of city that it wants to designate as a “blight” Step 3: Authority creates a Master Redevelopment Plan for areas of city it has determined are blighted Step 4: Authority uses public funds to condemn all the privately owned land in…

December 16, 2009

Construction

The Economic Loss Rule Applies to Professional Malpractice Claims Too

Virginia law continues to apply a strict division between contract claims and tort claims. This rule holds true in the context of professional malpractice claims as well. Many states apply legal rules where professional malpractice claims arise from negligence or both negligence and contract. This is not the case – from 1976 forward, the Supreme…

December 14, 2009

Construction

Virginia’s Economic Loss Rule: Products Liability, Part 2 (Why it Matters!)

As we watch Chinese drywall litigation erupt nationally, we see the rapid fallout: insurance companies denying coverage; suppliers going bankrupt; homeowners filing suit against all the parties in the food chain. We have seen this story before. In Virginia, the applicable could translate to some very harsh results even if owner plaintiffs can prove the…

December 10, 2009

Construction

Protection or Pilfering: Stop The Beach Renourishment, Inc. v. Florida Department of Environmental Protection

No state has a longer shoreline than Florida – over 2,000 miles of shoreline, with 825 miles of beaches. These beaches define Florida’s top industry of tourism and are in a constant state of erosion. Understandably, Florida has embraced the “public trust doctrine,” which dictates that tidal lands are held in trust for the people…

December 9, 2009

Construction

Virginia’s Economic Loss Rule: Products Liability, Part 1

We have seen waves of claimed problems with construction products over the last several decades: PVC plumbing fixtures and materials; fire retardant treated (FRT) plywood; exterior insulation and finish systems (EIFS). We are on the front edge of another eruption with Chinese drywall, and indeed we have heard the first rumblings that the drywall problems…

December 7, 2009

Construction

Are You Sure You Really Want to Sign that Petition?

The Supreme Court of Virginia recently accepted a Petition for Appeal by forty citizens of Gloucester County who were hit with sanctions for circulating a petition for signatures and filing the petition with the Circuit Court for Gloucester County to have some members of the Board of Supervisors removed by the Circuit Court. These citizens…

December 4, 2009