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There is a fairly customary practice in real estate development and construction intended to take advantage of the liability protections afforded by the Uniform Limited Liability Company Act. The practice is very...more
Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more
The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more
In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California...more
The California Supreme Court has issued its long anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al. The Court upheld a condominium developer’s ability to enforce a...more
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
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
On Friday, April 6, 2012, Governor Rick Scott signed HB 517 which contains a provision extending the Distressed Condominium Relief Act (Act) otherwise due to sunset July 1, 2012.
The Act was adopted in 2010 as a way to...more
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
Directors and their advisers can be exposed to large losses if they overlook the need for formal shareholder approval of property transactions, including grant of leases, between a company and its director or his associates....more
This article gives tips for minimizing risk through proper project document management....more
"Pay when paid" clauses are enforceable in some jurisdictions, but not in North Carolina. This article discusses the statutory prohibition on such clauses in North Carolina....more
Sometimes, what is not in your construction contract can be harmful to your business. This article provides tips to minimize your risks by making modifications to your contracts....more
Have you ever received a standard form Notice of Construction Defects (RCW 64.50.020) from one of your customers? Many Washington contractors have, or will, at some point.
A customer cannot file a lawsuit until forty-five...more
This is an easy "How To" on filing a claim against a Washington contractor's bond. Washington contractors are obligated to register with the State Department of Labor & Industries and maintain a statutory bond (RCW...more
Change Orders happen routinely in construction projects. Follow your contract requirements concerning change orders to avoid performing work that won't be compensated....more
Massachusetts' highest court recently ruled that a long-term lease of a build-to-suit dormitory facility to the University of Massachusetts, Lowell (UMass Lowell), violated the Commonwealth's public construction bid laws,...more
"Green" building projects are now becoming the norm. Only a few years ago green buildings appeared to be a market trend, but countless projects are now focusing on environmentally friendly design and construction. How can...more
Contract lawyers in California are called upon to analyze and evaluate a wide variety of contracts and agreements for their validity and enforceability. Contracts can be in writing, oral or merely implied. The can be...more
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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