Blogs

Construction

Collecting Cash Proffers for Residential Development

During the course of rezoning a property, it is common for property owners to offer incentives to a locality to grant the rezoning request. Such incentives often take the form of proffers, which are voluntary conditions the landowner agrees to follow as part of obtaining the re-zoning classification. A landowner might proffer that they will…

January 22, 2014

Construction

Acceleration of Rents Part 1: Is it Enforceable?

Part one of this series will explain acceleration of rent provisions and how various courts around the country have scrutinized these provisions and taken varying positions on their enforceability. Part two of this series will discuss how landlords can include enforceable acceleration of rent provisions in their commercial real estate leases. What is an Acceleration…

January 21, 2014

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

Intellectual Property

Common Copyright Mistakes Small Businesses Make

Small businesses often expose themselves to legal risk by misunderstanding who owns creative content and how copyrighted materials can be used. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, Ashley R. Dobbs explains that one of the most common mistakes is failing to secure ownership of intellectual property created by non-employees, such as designers or developers, when no written “work for hire” or assignment agreement is in place. The article also…

January 1, 2014

Employment Law

Avoiding Pitfalls of Severance Agreements

Severance agreements are commonly used to manage risk when terminating employees, but poorly structured agreements can create unintended legal exposure for employers. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, Rachelle Hill explains that employers should carefully structure releases, avoid attempting to waive future claims, and ensure agreements are executed at the appropriate time—typically at the end of employment—to remain enforceable. The analysis…

January 1, 2014

Employment Law

2013 Virginia Employment Law in Review

In anticipation of a new year, the following is a brief overview of selected notable employment-related cases in Virginia from 2013. These cases involve non-competition agreements, discrimination claims and bankruptcy issues. Each case has components to keep in mind when dealing with employment matters in Virginia. Demurrer Not Proper Challenge Non-Compete Assurance Data, Inc. v.…

December 28, 2013

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