Construction Law in Virginia at Posterous

by Christopher Hill

I am sitting here looking out at a wet, dark and windy day here in Richmond, VA.  In many ways I can relate to the clouds.  As an attorney I almost always feel like I am raining on the “sustainable building” parade.  On Build2Sustain conference calls, I always feel like I’m the one saying “whoa” we need to think about the liability.

As I’ve said at Musings before, Eeyore is one of my favorite characters from A. A. Milne.  Eeyore, you may remember, is the donkey on whom it’s always raining.  He is the loveable character that always feels like the sky is falling, but plugs along anyway.

I can relate.  I am firmly committed to sustainable building.  I think that the economic impact, combined with the moral imperative, make such a goal both worthy and required.  However, certain risks are inherent in any new use of technologies and any new mode of thinking, no matter how worthy.   Some of the issues that will need to be dealt with by contractors, architects, owners and, yes, lawyers, are the following:

• Insurance- the insurance industry is still catching up with energy related underwriting
• What standard of care applies due to a green building claim?
• Potential Trademark claims
• Longer time horizons and contractual or government requirements on energy goals

I sometimes feel like we are rushing past these issues without the careful thought that we need to give such risks in our (understandable) enthusiasm.  I tell clients to plan ahead, but it is human nature to be overtaken with excitement at a new venture and the vision of a better, cleaner, world.  However, until these issues are hammered out (hopefully without litigation to have judges tell us what to do), this march to a sustainable future will be a slow one.

The government can only do so much through mandate.  The private sector must be ready to move forward and pour money into sustainability.  Without some assurance and possibility to at least manage these risks, project owners and builders will be justifiably wary.  The sooner the risks are at least out in the open, if not resolved, the sooner the private sector will get fully behind sustainable construction and building management.

Until then, Eeyore and I will keep plugging through the rain.

This content is published by the permission of its author.

My recent post at Aribra.com

It’s stunning to me that I’ve been authoring this blog for three years this November 14th. How the internet has transformed practices, careers, people’s lives is at times incomprehensible.  But then, most of you can relate.  I thought it would be fun for those who only recently started reading Build A Solo Practice to read my very first post, November 14, 2006. It also reflects my never-ending mission:

“An Independent Spirit” is the title of  The Connecticut Law Tribune column  I have (had)been writing almost weekly since June 2005.  It is an appropriate column title because it reflects the maverick in me, the one who defies the norm, defends common sense and practicality, believes in braving frontiers and encouraging the entrepreneurial spirit in all of us. Especially the entrepreneurial spirit of lawyers who wish to dispell the notion that in order to be successful in the legal profession one must first work for a large firm.  There will be more to follow on this topic.  I promise.

At the risk of being immodest, I think I’ve been fulfilling my promise with education, inspiration and direction.  Nearly eight months ago Solo Practice University opened its doors and this week we will pass 500 users!  And like my blog three years ago, SPU has only just begun  :-)

So, today I have a gift for one newly graduated and ‘just passed the bar’ lawyer who wishes to go solo.  If you genuinely want to go solo and would like a free one year scholarship to Solo Practice University ( a $595 value) to help you get started in the right direction, here is your chance.

Starting today, any newly minted lawyer who has just passed the bar exam can make their case as to why they should receive this valuable gift.  I won’t be deciding.  My readers will be deciding.  Here are the rules:

1. In the comment section of this blog post, tell us your story and why Solo Practice University will help you to achieve your goals of creating a solo practice.
2. Comment may not be longer than 500 words.
3. You must have just passed the July bar exam
4. You do not have to give your name in the comment for privacy reasons if you prefer not to…HOWEVER;
5. All entrants must send me a follow-up e-mail with their full name, address, dates of graduation, state bar exam taken and when, and valid e-mail address and letting me know which entrant you are.
6. There is only one vote per ISP/e-mail address.

Inability to follow these simple rules will sadly be a basis for disqualification. Multiple entries under different names are not permitted and will also be a basis for disqualification.

Comments are open and you can enter until midnight November 18th. Poll will be inserted in post and voting will begin November 19th and close at midnight, November 30th. Make sure to come back and vote! The lucky winner will be announced on December 1st.

If you are unsure about entering and haven’t read how important Solo Practice University has become to those who are enrolled, you can read more here and here.

A great post from a good friend.

Join The Team

Sunday, November 8, 2009 at 07:30PM

If you've been following our twitter account, you already know that we're moving beyond theory and becoming a business. It's time to take our concepts out of the lab, so to speak, and bring them to our pilot project. One step...to build our roster of design/build professionals.

This is a great post, and thought provoking as well. Please check out the link to get the full scoop! (click on the link or picture)

Among other things, Twitter's new #LISTS functionality is a terrific way to further expand your connections on the popular communications platform. I've been surfing friends' lists - something akin to falling down a Twitter-fueled rabbit hole, finding interesting people to follow along the way

For the rest, click the link above.