Blogs

Construction

Deed in Lieu Transactions: Taxes and Bankruptcy

In the first part of this posting, we reviewed the deed in lieu process, and how it can be a viable alternative for both the lender and the borrower in situations of serious default where modifications or workouts are impossible. In this second part, we will discuss briefly some important tax and bankruptcy considerations.

April 23, 2010

Construction

Deed in Lieu Transactions: The Basics

We are very pleased to have a post today from one of our colleagues here at Bean, Kinney & Korman that focuses his practice on real estate related matters, John Kelly. We are looking forward to John’s contributions here on the blog moving forward and believe John may become a regular mainstay here shortly! Given…

April 19, 2010

Construction

Views at Clarendon Case Dismissed

At the risk of engaging in a bit of direct self-promotion for perhaps the first time, today we have a guest post from Raighne Delaney, a shareholder of Bean, Kinney & Korman, P.C. and lead counsel in the successful dismissal of a case on April 12, 2010 pending against the Views at Clarendon Corporation, Inc.…

April 15, 2010

Construction

The Virginia Defective Drywall Correction and Restoration Assistance Fund

We’ve got two new provisions to the Code of Virginia as of this last legislative session which create a perpetual, non-reverting fund to facilitate the remediation of property impacted by the use of “Defective Drywall” in residential construction. This fund will be administered by the Virginia Resources Authority and the Department of Housing and Community…

April 14, 2010

Construction

Chinese Drywall Verdict and the Economic Loss Rule: Forum Matters

I spent this weekend thinking about the significant victory for Virginia home owners in the Chinese drywall litigation that was tried as part of the pending class action in New Orleans. It may have mattered quite a bit that this ruling was issued in New Orleans as opposed to Virginia. I run the risk of…

April 12, 2010

Construction

7 Virginia Chinese Drywall Plaintiffs Get $2.6 Million Verdict …

As reported today by Virginia Lawyer’s Weekly, seven Virginia families were awarded $2.6 million in damages by New Orleans federal Judge Eldon Fallon. The whopping verdict allowed recovery of extensive damages, but denied recovery due to loss of value stigma damages to the homes in question. In addition the opinion contains a number of interesting…

April 9, 2010

Construction

A Lawyer’s View from the Witness Chair

I had the pleasure and privilege of testifying as an expert witness in a case last week. I have been retained as an expert a number of times and have now been qualified as such in two court proceedings and an arbitration hearing. It is fascinating how the view of the courtroom changes depending on…

April 8, 2010

Construction

The Line Between Furniture and Fixtures: What Constitutes an Improvement

Please contact commercial leasing attorney John Kelly jkelly@beankinney.com should you have any questions concerning this article or require assistance. Earlier this year, Judge Bellows of the Circuit Court for Fairfax County found that repairing and replacing exterior building components including terrace soffits did not constitute an “improvement” for purposes of Virginia’s statute of repose. Now…

April 7, 2010

Construction

Lead Training Class Information in Virginia

Our blog has been inundated with hits on our two blog posts regarding the EPA’s new lead paint regulations, Renovators Beware: Lead Paint Regulations Change in April and Lead Paint Regulations April 22: Are You Ready?. We have fielded a number of questions from folks looking for information on classes and certification with the EPA.…

April 6, 2010

Construction

Our Blog is Now on iPhone and iPad!

I just received an interesting and exciting e-mail I wanted to share with our readers. Our friend Matt Handal has been involved with creating an iPhone application for the architecture, engineering and construction industries to share information and links. He just passed along this note to me: Dear Tim As a courtesy, I wanted to…

April 6, 2010