Real Estate Law

Recent Posts

Trust Your Gut When Deciding Whether to Sign a Construction Contract
Posted on 17 Apr 2014 by Christopher G. Hill

My last Construction Law Musings were about the need to communicate before, during and after a construction project. Here I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives... Read More

“It’s All About the Work” In Office Leasing (Part II)
Posted on 2 Apr 2014 by Eric Rubenstein

In my last blog (April 1, 2014) , I pointed out that tenant build-out provisions in office leases can be quite thorny. Admonitions to counsel to “Keep it simple” while “cover all the bases” are difficult to reconcile. Certain issues... Read More

Early Action on Your Construction Contract is Key
Posted on 6 Nov 2014 by Christopher G. Hill

I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other places of the “blawgosphere.” Why do I do this? Doesn’t such consultation help to avoid the problems... Read More

Clarity of Contract is Another Key to a Smooth Project
Posted on 12 May 2014 by Christopher G. Hill

Whew! After a whirlwind two weeks of travel (some by a long bus ride with a great group of kids, including my daughter), I’m back and far enough above water to get back to posting. Thanks for your patience during a bit of a lull. Recently I have... Read More

“It’s All About The Work” In Office Leasing (Part III)
Posted on 4 Apr 2014 by Eric Rubenstein

My last blog on this subject (April 2, 2014) covered the situation where the Landlord performs the work up to “certain cost”. Another scenario, somewhat less prevalent in office leasing, is where the tenant performs its own work. In this... Read More

Construction Claims- Who Do You Sue?
Posted on 19 Jun 2014 by Christopher G. Hill

So, here you are, a general contractor, subcontractor or supplier and you haven’t been paid. You know you should be paid and are at the end of your rope after what seem like hundreds of demands by phone and e-mail. You’re ready to file a claim... Read More

Real Property Long-Term Contract Accounting Requirements and Dynamics
Posted on 8 Oct 2014 by Patricia Hughes Mills, J.D., L.L.M.

By Patricia Hughes Mills J.D. LL.M Subject to Internal Revenue Code and regulatory requirements, the method of accounting adopted by a taxpayer determines when items of income and expense are reportable for federal income tax purposes. Different accounting... Read More

Construction Bonds - A Relatively Small Exception to Fraud and Contract Don’t Mix
Posted on 23 Jun 2015 by Christopher G. Hill

Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge... Read More

The Anatomy of a Construction Dispute Stage 2- Increase the Heat
Posted on 1 Apr 2015 by Christopher G. Hill

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your... Read More

A Construction Stitch in Time
Posted on 12 Nov 2015 by Christopher G. Hill

It’s a cliche for a reason that “A Stitch in Time Saves Nine.” Why? Because it is almost always cheaper and more efficient in the long run to get something right the first time than to fix it later. This old adage is true in life, and... Read More

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?
Posted on 15 Apr 2015 by Christopher G. Hill

As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, [ enhanced version available to subscribers ], a bill that would essentially invalidate preemptive contractual waivers... Read More

Warranty Provisions Deserve Careful Consideration from Contractors
Posted on 12 Feb 2015 by Vandeventer Black LLP

By Casaundra Maimone , Attorney, Vandeventer Black LLP It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored... Read More

Think Twice About Heading to Court with a Construction Claim
Posted on 30 Jul 2014 by Christopher G. Hill

Here at Construction Law Musings , I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien... Read More

“It’s All About the Work” In Office Leasing (Part I)
Posted on 1 Apr 2014 by Eric Rubenstein

The tenant-build out provisions can be the most important and controversial aspects of an office lease. Yet these terms are often only referred to generally in letters of intent. Rarely will a term sheet go into more detail than the work allowance amount... Read More

Authorized Agents of a Property Owner Are Not Subject to Individual Liability Under CASPA
Posted on 30 Mar 2015 by Babst Calland

By Dylan B. Spadaccino, Esq. , Associate, Babst, Calland, Clements and Zomnir, P.C. It is not uncommon for contractors and subcontractors to be verbally directed to perform extra work on construction projects without written change orders. Construction... Read More