Jun 4, 2012 | Real Estate, Land Use & Construction Law
This series focuses on a commercial landlord’s duty to mitigate their damges after a default by a tenant. Earlier we discussed the District of Columbia’s treatment of the duty to mitigate. A discussion with respect to the law of Virginia is below, with...
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...
