Administrative Law › Residential Real Estate › Construction Law

District Council 50 of the Intn'l Union of Painters & Allied Trades v. Lopez

General Contractors Association of Hawaii's Amicus Curiae Brief in Support of Respondent/Defendant-Appellee

This case involves contractors' licensing and whether the holder of a specialty renovation license is entitled to do certain specialty renovation work as "incidental and supplemental" to that license. The Hawaii Intermediate...more

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit....more

Resilient Masonry Buildings — Saving Lives, Livelihoods and the Livability of Oregon’s Historic Downtowns

Originally published in the Historic Preservation League of Oregon (“HPLO”) Special Report on October 25, 2012. The Purpose of the Preservation Roundtable; Why This Matters; Executive Summary; Background & Definition of...more

Developers take advantage of low income housing development tax credits, but recent Third Circuit decision stirs controversy

Developers of multi-family apartment complexes geared to low- to moderate-income tenants are increasingly taking advantage of federal low-income housing tax credits (LIHTC) and, where available, their state counterparts, to...more

Crucial Legal Issues in the Recovery from Hurricane Sandy

A massive effort is underway to repair the damage to public and private entities caused by the windstorm and water surge associated with Hurricane Sandy. Once the immediate emergency restoration stage has been completed, the...more

Freddie Mac Market Survey Has Good News for Construction: News Release of the Week

Florida's construction industry may find some good news in the latest survey results releaed by Freddie Mac this week, which appears today in our News Release of the Week (emphasis added)...more

Practical new requirement pertaining to registering a Construction Lien against a condominium project

After a condominium is registered, it is a complicated and costly process to register a construction lien for work done on the condominium project. However, the Construction Lien Act now requires that developers and builders...more

Cautionary Tale For The New Jersey Home Improvement Contractor

Earlier this month, the Appellate Division, in the unpublished decision Chaykowski v. Marut, A-2901-10T2 (N.J. App. Div. September 7, 2012), upheld a substantial judgment entered by a trial court against a landscape...more

The New Code: Big Changes for Zoning in Philadelphia (part 5)

Previously, in our Five-Part Series on Philadelphia's New Zoning Code, we provided an Overview, explored changes in Community Involvement and Civic Design Review, outlined new Base Zoning Districts and Overlay Districts, and...more

Special Advisory: New Mechanics Lien Act in California

In 2010, the California Legislature enacted Senate Bill ("SB") 189 to reorganize and simplify the laws governing works of improvement. The bill completely re-writes the statutes which provide for mechanics liens, stop notices...more

Developing Affordable Housing on Brownfields – A Natural Connection by Jason Lichtstein

Originally published in The Florida Housing Coalition - Volume 28, No. 2. Affordable housing developers naturally understand the value of urban infill sites to their projects, given their central location and proximity...more

The New Code: Big Changes for Zoning in Philadelphia (Part 2)

Part Two: Community Involvement and Civic Design Review In Part One of this Five-Part Series, we provided an overview of Philadelphia's New Zoning Code, which will take effect – ready or not – on August 22, 2012. With...more

Pa. Legislature Extends Permit Extension Act Another Three Years

The Pennsylvania Legislature recently enacted a key amendment to the Permit Extension Act of 2010 that will extend the life of certain development-related permits and approvals to July 2016....more

Tarion Overhaul of Major Structural Defect Procedures

Tarion has introduced significant changes to the major structural defect claims process. These changes will affect all condominium projects where the first arm’s length agreement of purchase and sale was signed after July 1,...more

California’s Revised Mechanics Lien Law: Changes in Rights and Obligations of Construction Lenders

California’s mechanics lien law provides various rights and remedies to persons who provide labor, service, equipment or material to real property, including the right to record a mechanics lien on the improved work for both...more

Sifting Through The Ashes: Who Owns The Assets Of A Former Redevelopment Agency And Related Title Concerns By Brian D. Shaffer*

I. INTRODUCTION - In California Redevelopment Assn. v. Matosantos, 53 Cal. 4th 231, 135 Cal. Rptr. 3d 683, 267 P.3d 580 (2011) (“Matosantos”), the California Supreme Court confirmed the death of redevelopment agencies...more

Ten (10) Things To Know About Land Planning in the State of Florida

For those interested in developing land in Florida or otherwise investing in Florida real estate, it's important to know that the State of Florida is in the process of changing and reforming how land planning, land...more

Amendment to Tarion Addendum: More Disclosure for Condo Purchasers

The Ontario government just enacted amendments to the regulations to the Ontario New Home Warranties Plan Act. Included in the amendments are new Tarion Addendum forms which are available for use effective July 1, 2012 and...more

Contractual and Federal Statutory Support for an Owner’s Right to Withhold Payment for Work Performed

Owner/contractor disputes over payments for work performed can jeopardize the success of a construction project if not promptly resolved. Accordingly, a construction contract should contain carefully crafted payment...more

Legal Issues Associated with Building “Green”

State and local governments have enacted a variety of incentives to encourage energy efficient “green” design and construction practices. Projects owned or leased by government authorities are often subject to mandatory green...more

Changes to California Mechanics’ Lien Laws Effective July 1 – Are You Ready?

On July 1, 2012, pursuant to Senate Bill No. 189 (“SB 189”), all of California’s laws regarding mechanics’ liens, stop notices and payment bonds were revised, renumbered, supplemented and/or replaced. Although some provisions...more

Low-Income Housing Construction Project Funded From Combination of Low Interest Loans and Redevelopment Assistance Was Not Exempt...

A low-income housing development that was funded through a combination of below-market interest rate loans from a county and its housing authority, and assistance from redevelopment agency low and moderate income housing...more

Actuaciones de dotación en la Comunidad de Madrid

En el presente estudio, se analiza (i) el régimen de las actuaciones de dotación previstas en el Real Decreto Legislativo 2/2008, de 20 de junio, por el que se aprueba el Texto Refundido de la Ley de Suelo; y...more

Iowa's New Mechanic's Lien Law - Notices from the Secretary of State

Recently, I have had several people ask me about the notices that homeowners will receive under the new Mechanic's Lien Law applicable to residential projects. Under the new law, the Secretary of State's office will send out...more

Affordable Housing Project Found to Be Subject to Prevailing Wages

In a decision filed on June 15, 2012, the Fourth Appellate Court of Appeal determined that an affordable housing project in San Bernardino was subject to the requirement for the payment of prevailing wages under Labor Code...more