Jan 30, 2012 | Real Estate, Land Use & Construction Law
We will discuss the commercial landlord’s duty to mitigate damages after a default by tenant in Washington, D.C., Virginia and Maryland. First, Washington, D.C. is as follows. District of Columbia The District of Columbia essentially follows the traditional...
Jan 10, 2012 | Real Estate, Land Use & Construction Law
A Landlord’s Duty to Mitigate in Washington, D.C., Maryland and Virginia Under common law, a landlord had no duty to accept or procure a new tenant in order to mitigate damages (i.e., take reasonable action to avoid additional injury or loss) resulting from a...
Jun 22, 2011 | Real Estate, Land Use & Construction Law
A Virginia federal court has ruled that by proactively replacing defective drywall rather than waiting to get sued and found liable, a contractor was left without liability insurance coverage. This decision should send shivers down the spine of not just contractors,...
Mar 21, 2011 | Real Estate, Land Use & Construction Law
A decision issued this month by the Supreme Court of Virginia, Kaltman v All American Pest, answers a question often debated by Virginia lawyers regarding the economic loss rule. The case also may contain a hidden Trojan horse to contract defenses that everyone should...
Feb 17, 2011 | Real Estate, Land Use & Construction Law
We delve into a more legal, technical and lengthy post this week for a good reason — a recent decision from a Virginia trial court (PDF of decision) points to a new avenue for claims by buyers of real estate in Virginia. Virginia generally looks to the sales contract...
Feb 16, 2011 | Real Estate, Land Use & Construction Law
Virginia’s General Assembly has passed a bill that, among other things, raises the upper limit of cases that may be filed in the General District Court. This increase will potentially make it easier to try certain matters more cost effectively moving forward....