News & Publications

Highlights The U.S. Court of Appeals for the Sixth Circuit concludes that the right of first refusal contemplated by the federal low income housing tax credit program, 26 U.S.C. § 42(i)(7), "varies markedly" from a right of first refusal in a "typical real estate transaction," such that application of general "common law" definitions of "right of first refusal" and "bona fide offer" would contravene the purpose of Section 42(i)(7). Section 42(i)(7) is a safe harbor [...]

On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes "pay when paid" and "pay if paid" clauses unenforceable in most circumstances and requires both public and private construction contracts to include certain payment clauses that obligate the contractors to be liable for the entire amount owed to any subcontractor with which it contracts. The requirements below will apply to all future public and private construction contracts executed on and after January [...]

LOCKOUTS Can I be locked out of my home for failing to pay rent during the COVID-19 pandemic? Maybe.   Whether you can qualify for protection from eviction depends on your household income and your completion of a sworn certification. On August 4, 2021, the Governor signed a new law and issued Executive Order 249.  Here's how they work: Who Is Eligible? The new law protects certain tenants from eviction based on nonpayment of rent, habitual late payment of rent, [...]