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Virginia represents owners, construction managers, and trade contractors in the New York and New Jersey markets. Her over two decades of experience evaluating the merits of parties’ legal disputes, developing a specialty in the area of property and contractual rights with a focus on construction, has resulted in successful judgments and resolutions of claims for breach of construction and design services contracts, defective design and workmanship and adjacent-neighbor construction disputes. Read her full bio here.

Proposed New York legislation that would expose general contractors to increased liability for their subcontractors’ alleged wage theft is the subject of a new Report, co-authored by myself, issued by the New York City Bar Association’s Construction Law Committee. In the Report, the Committee urges the legislature to carefully consider the ramifications of enacting A.3350

Below is an excerpt of an article published in Construction Executive on May 11, 2021.

The COVID-19 pandemic has created opportunities for retrofitting new, flexible layouts in existing health care facilities and in existing commercial premises (e.g., office, retail and restaurant) where there is new community demand for an urgent care or drive-thru clinic.

Health

Below is an excerpt of an article co-authored with Robinson+Cole Health Law Group lawyer Conor O. Duffy and published in Healthcare Facilities Today on March 31, 2021. 

The need to update and implement new processes for delivering healthcare in response to the COVID-19 pandemic has resulted in the adoption of more automation, remote access and

As was recently reported in Robinson+Cole’s Data Privacy + Cybersecurity Insider, the Federal Aviation Administration (FAA) issued two Final Rules for unmanned aircraft systems (UAS), i.e., drones: (1) requiring Remote Identification (Remote ID Rule), and (2) authorizing small UAS (weighing less than 55 pounds) to fly over people and at night under certain conditions (Operations Over People and at Night Rule). While both new Rules are relevant to the real estate development and construction industry, the Operations Over People and at Night Rule has particular significance, offering many benefits.
Continue Reading New FAA Drone Rules Clear the Path for Use in Development and Construction

ICYMI, on Wednesday, January 6, 2021, the United States Department of Justice (DOJ) issued an update about what it termed “a major incident under the Federal Information Security Modernization Act”: the global SolarWinds cyberattack that had compromised its email system. (SolarWinds is a software provider. In December, 2020, SolarWinds revealed that cybercriminals had injected malware

Below is an excerpt of an article published in Healthcare Facilities Today on January 11, 2021.

“The current health crisis has healthcare institutions altering their approach to facility design and construction. Equity investors and contractors are also ready to familiarize themselves with healthcare construction. While opportunities abound, certain legal considerations are of paramount importance for

Pacta sunt servanda, i.e., agreements must be kept. This applies in both good economies and bad.

Companies considering a modification of their business operations to offset lower revenue must be mindful of existing commercial contracts. Implicit in almost every New York agreement is a covenant of good faith and fair dealing in the course of performance. Output and requirements contracts are an exception, however. With an output contract, the parties agree that the seller will sell all the goods or services it may produce to a buyer in exchange for the buyer’s agreement to purchase them. A requirements contract obligates the buyer to purchase what it needs or requires from a seller in exchange for the seller’s promise to supply the buyer.

Where an agreement is neither an output nor a requirements contract, then both parties have continuing obligations throughout the term. The defenses of “impossibility” and “frustration of purpose” excuse performance in only the rarest of circumstances. What may seem like an obvious obstacle may not meet the threshold. A company that fails to understand the nature of its agreement or is unfamiliar with the applicable case law is exposed to significant monetary penalties. As a leading New York case has made clear, this counts for real estate development and hotel contracts as well.
Continue Reading Repurposing Real Estate Development to Counter Weakened Demand: Know the Risks Before Terminating Contracts

Synchronicity

A connecting principle,

Linked to the invisible

Almost imperceptible

Something inexpressible.

Science insusceptible

Logic so inflexible

Causally connectable

Nothing is invincible.

“The Police”, 1983.

This week, in response to the emergence of COVID-19 hot spots in downstate New York, Governor Cuomo instituted a new “cluster action initiative” to “crush” the clusters and contain the spread. New rules and restrictions, to be “in effect for a minimum of 14 days”, are designed to directly target “areas with the highest concentration of COVID cases and the surrounding communities.”
Continue Reading Finding Synchronicity Between Governor Cuomo’s New Cluster Action Initiative and the NYC DOB’s Corresponding Requirements

The commercial use of drones, or small unmanned aerial systems (sUAS), for urban real estate and construction may finally be gaining traction. This month, the New York City Council passed a bill requiring the Department of Buildings (DOB) to study the feasibility of using sUAS to inspect building facades.
Continue Reading Guidance on Using Drones for Real Estate and Construction in Dense Cities: Getting Close – But Not Too Close (Part I)

The mixture of sheltering-in-place, warm weather, and increasing drone usage creates a combustible situation – literally. Drone shootings are on the rise as property owners seek to combat perceived trespass, nuisance and invasions of privacy.

These were some of the legal issues discussed during a webinar presented by the American Bar Association’s Section on Real Property Trusts and Estates (ABA RPTE) at its 32nd Annual Conference (held virtually for the first time) on May 15, 2020. The webinar focused on the legal landscape and issues to consider in counseling real estate and construction businesses on the commercial use of small unmanned aerial systems (sUAS). The panel included attorneys as well as an engineer, who presented drone video footage and computer graphics used to collect data more efficiently during land use evaluation, mid-construction and post-construction.
Continue Reading Balancing New Technology and Privacy When Using Drones in Land Use and Construction