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Maryland's appellate courts preserve the corporate shield against efforts to pierce the corporate veil

Maryland remains one of the toughest jurisdictions for plaintiffs seeking to pierce the corporate veil and impose personal liability on corporate owners for contract debts. Maryland has long recognized an equitable claim to...more

NJ Appellate Division Decision Highlights Gaps in Existing LLC Law in New Jersey and Importance of Having an Operating Agreement

In my prior blogs I’ve addressed the importance of having an operating agreement for any business owner operating as a limited liability company (“LLC”), and have also covered the recent legislative changes in New Jersey with...more

Condominium and New Home Warranties and Rights of Action

Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more

Variations in an Entity’s Name Will Not Bar a Contractor’s Suit

The California Court of Appeal recently issued another opinion on contractor licensing that has important implications to contractors and owners in California’s construction industry. In Montgomery Sansome LP v. Rezai, Nos....more

Contractor Payment Protections in Public Private Partnerships Under Nevada Law

On February 23, 2012, the Snell & Wilmer Infrastructure Development and Project Finance Industry Group hosted “Moving Nevada Forward,” its first annual forum on Nevada public private partnerships. The event was well attended...more

In Colorado, you may now be able to recover attorneys' fees and costs expended in piercing a corporate veil.

Based on the holding of Swinerton Builders v. Nassi, "a party who prevails in an action to pierce the corporate veil of a corporation may recover the attorney fees and costs incurred in that action if (1) the action was...more

Construction OberView: Condo Unit Owners Have Right of Action Against Council of Unit Owners for Failing to File Timely Suit...

The Maryland Court of Special Appeals has recognized a cause of action by individual condominium unit owners where the council of unit owners has failed to take timely legal action against the project’s developer to address...more

Consumer Fraud Claims Between Merchants In Commercial Transactions

In my prior articles I’ve reviewed the dramatic changes in the law of late, where New Jersey courts have applied the New Jersey Consumer Fraud Act (“CFA”) in any number of circumstances beyond the consumer context. Opinions...more

Construction Law Update: What’s In A Name?

“What’s in a name?” This was the question posed in a recent case decided by the California Court of Appeals involving a contractor doing business under the fictitious business name “Clark Heating and Air Conditioning” but who...more

Public Private Partnership Upheld For Construction of Presidio Parkway

In 2009, the California legislature amended Section 143 of the Streets and Highways Code and greatly expanded availability of the public-private partnership ("P3") as a mechanism to finance transportation infrastructure...more

Developer Lawsuit Prevents Sale

In the first few years of a newly created condominium corporation the owner elected board will try to resolve issues dealing with building deficiencies, the developer's warranties and representations made in disclosure...more

The Year 2010 In Review: Contractor Licensing

This article is the second in a series summarizing construction law developments for 2010. 1. Loranger v. Jones, 184 Cal. App. 4th 847 (3d Dist. May 2010) Jones, a licensed contractor, had a workers' compensation...more

Unlicensed Contractor & his partnership take a hit (Law Note)

Imagine being told that you will not be paid for a house you constructed pursuant to a contract with homeowners. And imagine that the reason for not getting paid had to do with whether or not you signed a contract “on behalf...more

Construction Accident Leads to Important OSHRC Ruling

The Occupational Safety & Health Review Commission, which hears appeals of OSHA citations and penalties, has ruled that employers cannot escape liability for repeat safety violations by reorganizing. The case was an appeal of...more

Workplace Accidents in Condos

Heenan Blaikie’s national OHS & Workers’ Compensation practice group regularly advises business owners and management when they have had a workplace accident. According to Cheryl A. Edwards and Jeremy Warning, both former...more

5 Ways to Ruin Your Business

Mistakes business owners make that cost them money, customers, and accounts receivables....more

8 Best Collection Practices

Tips on how to keep your construction business, or any business, profitable by ensuring good collection practices....more

Legal Survival Tip in Today's Construction Industry: Serve a Stop Notice

Most contractors and material suppliers are familiar with the protections afforded by California’s mechanic’s lien law on private works of improvement, however, many are not as familiar with the stop notice remedy. Any...more

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