Blogs

Construction

Virginia Designers Rejoice: A/E Limitation of Liability Clauses are Allowed (Again?)

The Virginia General Assembly passed a statute, HB 797, that expressly permits architects and engineers to enter into contractual limitation of liability clauses. The ACEC, VSPE, and VSAIA actively pushed to change the statute in the wake of several cases which ruled that previous language in the corporate enabling statute barred limitation of liability clauses…

March 18, 2010

Construction

Building Codes and Earthquakes: Contrast Haiti and Chile

In the last several months, both Haiti and Chile have been rocked by significant earthquakes. The difference between the tremendous devastation and loss of life in Haiti and the far lower impact in Chile, despite a much more serious earthquake, is at least in part the direct result of building codes and construction practices. The…

March 15, 2010

Construction

Lead Paint Regulations April 22: Are You Ready? Is Anyone??

The next wave of the EPA’s lead paint regulations take effect on April 22. These regulations will impose new training, certification, work practice and record keeping requirements on contractors performing renovations on structures built prior to 1978. Reports that we are hearing indicate that the EPA’s roll-out of the program has been less than clear.…

March 12, 2010

Construction

Update on Virginia Proposed Tax Reform: The Art of Punting

It looks like “Punt” is the name of the game with Virginia tax reform. In a January 5, 2010 blog post and a January 20, 2010 blog post, I discussed four tax reform proposals – all of which the General Assembly has managed to put off until a later date. Apparently, HB 57 got the…

March 10, 2010

Construction

Modular Homes: Wave of the Future, But Currently Risky

Modular home construction presents significant potential improvements to home construction: significantly reduced construction time; less material waste; and reduced expense. If not handled appropriately in terms of contracts and risk, modular homes can translate to a gigantic headache for both the designers, contractors, and the owner. Last Thursday, Lisa Rein of the Washington Post wrote…

March 8, 2010

Construction

Holding the Zoning Administrator Accountable: The New Vested Rights Bill

Can you imagine going to your local zoning office, asking for a formal determination from the Zoning Administrator as to whether you are permitted to build a building on your property, receiving a formal written determination that you may do so legally, providing the written opinion to your bank who then provides the financing, then…

March 5, 2010

Construction

Speaking at the Green Legal Matters Conference in New Orleans, April 26-28

I am very pleased to report that I will be speaking on April 27, 2010 at the Green Legal Matters Conference in New Orleans, Louisiana. The event includes a large number of talented folks, including good friends of ours from twitter and blogs such as Christopher Hill, Shari Shapiro, and Scott Wolfe. A number of…

March 4, 2010

Construction

HUD Announces New Office of Sustainable Housing and Communities

I don’t know how many people out there tracked the events at the sustainability forum out in Portland a few weeks ago, but one of the notable take-aways from the event was that HUD Secretary Donovan used the event as an opportunity to announce that HUD was launching it’s new Office of Sustainable Housing and…

March 3, 2010

Construction

Stimulus Funds, Dripping not Pouring, in Virginia??

The Commonwealth of Virginia has been slow to apply for, award and perform contracts funded by the federal American Recovery and Reinvestment Act (ARRA, better known as the Stimulus bill). As the construction industry has suffered through plummeting bidding numbers and 25% national unemployment, Virginia has lagged in even qualifying its projects for funding, let…

March 1, 2010

Business and Financial Services

Notice Pleading: Be Simple But Be Precise

Federal notice pleading standards allow plaintiffs to plead claims in relatively simple terms, but complaints still must be specific enough to identify what each defendant allegedly did wrong. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that James River v. Kehoe involved a complicated business dispute in which the plaintiffs filed a twelve-count complaint accusing multiple defendants of participating in a conspiracy to misuse…

March 1, 2010