Blogs

Construction

Energy, Post-Occupancy & Codes: The Ghosts of LEED Present

The recent New York Times piece criticizing LEED (discussed previously) has reignited discussion of the potential for decertification after initial issuance of LEED certification. Some previously pointed to the USGBC addition of extended energy reporting for five years after occupancy as a “Minimum Performance Requirement” and the threat of decertification as an enforcement mechanism. More…

September 18, 2009

Construction

Finishing What You Started: When courts will refuse to compel arbitration

It is common to have arbitration clauses in contracts, and courts will honor these clauses in all but very rare instances. In fact, Virginia courts have repeatedly stated a clear public policy in favor of arbitration and upholding arbitration agreements. Additionally, Virginia Code Section 8.01-581.02 (A) [pdf] mandates a court to compel arbitration when a…

September 16, 2009

Construction

Stormwater and VDOT Regulations: The Regulators are Coming!

The Virginia Department of Transportation and the Virginia Soil and Water Conservation Board are each respectively in the process of examining and issuing regulations impacting the development and construction industry. The proposed VDOT regulations cover access management and relate to minor arterials, collectors, and local streets. The public comment period began September 15, 2009 and…

September 15, 2009

Construction

New York Times, LEED and GSA: The Ghost of LEED Past?

The legal blogosphere has been active the last two weeks with discussion of the recent article in the New York Times critical of LEED. The article in essence uses the example project of the Federal Building in Youngstown, Ohio as a sample for LEED projects that fail to be “green”. The Times in particular attacks…

September 13, 2009

Construction

Jim Pritchett Named Executive Director of Alexandria Housing Development Corp.

A quick “congrats” to Jim Pritchett who has been named Executive Director of Alexandria’s relatively new Housing Development Corporation. The Alexandria Housing Development Corporation (AHDC) is a non-profit developer and owner of affordable housing, primarily focused on projects located in the City of Alexandria, Virginia.

September 11, 2009

Construction

Arlington County v. USDOT, FHA & VDOT

For those of you that don’t already know, Arlington County has filed a complaint against the U.S. Department of Transportation, the Secretary of the United States Department of Transportation, the Federal Highway Administration, the Federal Highway Administrator, the Virginia Department of Transportation, and the Secretary of the Virginia Department of Transportation. Apparently, the purpose of…

September 10, 2009

Construction

Building Heights and Historic Preservation, a Blow for the NIMBY’s – Anne Owens v. City Council of the City of Norfolk, et al.

After an astounding nearly two-years of litigation, Virginia’s Fourth Circuit found for a private property owner and the City of Norfolk in August following a challenge by a private citizen of the City’s ability to modify height restrictions in the City’s Ghent historic districts. Apparently, in the Ghent historic districts in Norfolk, maximum building heights…

September 9, 2009

Construction

Broker Not Entitled to Commission – No Extension, Not Procuring Cause

As the economy has languished, many property sellers and landlords have experienced extensions of property listings. In many cases, these extensions have actually exceeded the terms of the listing agreements with their brokers. This situation can raise some complex questions of exactly what listing terms remain in place and what commission, if any, the real…

September 6, 2009

Construction

E-Verify is (may be) Coming September 8

A federal judge in Maryland has ruled that Executive Order mandating compliance with the “e-verify” program for confirmation of immigration status as part of the Federal Acquisition Regulations is constitutional and enforceable. The case decision, issued on August 26, 2009, granted summary judgment to the federal government and leaves intact an administration decision to implement…

September 3, 2009

Construction

What To Do When Cash-Strapped States and Localities Come Knocking on Your Door

The economy has affected the budgets of not just individuals and companies, but also state and local governments. In these hard economic times, governments are facing serious shortfalls of revenue, made worse by the plunging value of real estate, shriveling sources of funding and growing budget deficits. In response, states and municipalities have become much…

September 1, 2009