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General Business Consumer Protection Construction

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Rebuilding: Construction Considerations in the Wake of Disaster

by Jackson Walker on

Southeast Texas has started to move from immediate recovery, including evacuations and draining of flood waters, to removal of water-damaged materials in homes and business and preliminary efforts to start rebuilding....more

Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision...

by Sherman & Howard L.L.C. on

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio...more

Vallagio Ruling Favorable for Condominium and Planned Community Developers

On June 5, 2017, the Colorado Supreme Court issued its eagerly anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et.al. (217 CO 69) (“Vallagio”). In its 5-2...more

The ILSA Condo Exemption – Not Out of the Woods Yet

by Carlton Fields on

The Interstate Land Sales Full Disclosure Act (ILSA) is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property by requiring registration of subdivisions with the Consumer...more

Limitations of Liability Clause Does Not Violate Ohio's Consumer Sales Practices Act

by Reminger Co., LPA on

Contractors often attempt to limit their liability by including a limitations of liability clause in the contract. Plaintiffs attempt to avoid the limitations of liability by asserting that the clause is unconscionable under...more

Can Contract Ambiguity Cause Liability for Unfair Trade Practices?

by Ellis & Winters LLP on

Most of the time, a contract breach—even if intentional—does not violate N.C. Gen. Stat. § 75-1.1. A contract breach, however, can turn into a 75-1.1 violation if the breach is accompanied by “substantial aggravating...more

Business Processing Debit Card Payment Held Liable for Failure to Obtain Written Authorization

by Varnum LLP on

With the increasing use of debit cards to pay for goods and services comes risk for businesses who do not routinely process debit card payments. A recent example of this risk is highlighted in Kelsey v Pitsch Companies. ...more

New exemption under ILSA for condo units: relief for developers, key points to note

by DLA Piper on

President Barack Obama has signed into law an amendment to the Interstate Land Sales Full Disclosure Act of 1968 (ILSA). The new law, signed by the President on September 30, expands registration exemptions under ILSA...more

Completed Condominium Units to be Exempted from ILSA Registration Requirements

by Goulston & Storrs PC on

A bill exempting completed residential condominium units from the burdensome registration provisions of the Interstate Land Sales Act (“ILSA”) was passed by the U.S. Senate on September 18, 2014, after earlier passage by the...more

Shafer Electric & Construction v. Mantia: PA Supreme Court holds that noncompliance with the Home Improvement Consumer Protection...

Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the...more

Door Opening to Allow Common Negligence Claims Against Construction Professionals

by Lane Powell PC on

For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether...more

Bill Would Exempt Condominiums from Certain ILSFDA Requirements

by Ballard Spahr LLP on

On September 26, 2013, the U.S. House of Representatives passed H.R. 2600, which would exempt the sale and lease of condominium units from certain requirements of the Interstate Land Sales Full Disclosure Act (ILSFDA). The...more

TEXAS - Defendant's Original Answer + Affirmative Defenses

by Curt Langley on

A form and template Defendant's Original Answer for use in Texas state courts....more

NJ Appellate Court Provides Guidance on When Construction Firm Owners Can Be Personally Liable for CFA Violations

by Kevin O'Connor on

Earlier this year, the New Jersey Supreme Court in Allen v. V & A Brothers, Inc., 208 N.J. 114 (2011), ruled on the question of whether officers, owners, managers and/or employees of businesses providing services to consumers...more

NJ’s High Court Adopts Rule Permitting Personal Liability under the Consumer Fraud Act on Officers, Managers, Owners and/or...

by Kevin O'Connor on

In Allen v. V & A Brothers, Inc., 2011 N.J. Lexis 697 (July 7, 2011), New Jersey’s Supreme Court issued a ruling in a hotly contested case on the issue of whether officers, owners, managers and/or employees of businesses...more

Home Improvement Disputes Under the Consumer Fraud Act - Background, Recent Case Law, and Practice Pointers

by Podvey Meanor, P.C. on

This article reviews recent New Jersey case law interpreting the Consumer Fraud Act's application to residential home improvements and new home construction and provides helpful practice tips to prosecute or defend claims...more

Construction Oberview: Ober|Kaler Attorneys Obtain Significant Jury Award, Including Substantial Attorney’s Fees, for Homeowner...

by Baker Donelson on

Ober|Kaler Construction Group principal Raymond Burke and associate Kelly Preteroti recently secured a significant jury award on behalf of the owners of a townhome in Montgomery County in a claim involving faulty construction...more

Sword or Shield? The Consumer Fraud Act in Construction Litigation

by Kevin O'Connor on

The Consumer Fraud Act ("CFA") has greatly expanded from its initial focus 50-years ago into a potent weapon used by homeowners against builders and home improvement contractors. This article reviews the current state of the...more

The IL Home Repair and Remodeling Act - An Important Law for Contractors and Homeowners

by Nathan Hinch on

This article was published in the February 2010 issue of "Northern Lights," the newsletter of the Northern Illinois Home Builders Association. It provides a summary of the Illinois Home Repair and Remodeling Act, recent...more

California Real Estate Leases - A Real Estate Attorney and Broker Explains What Makes A Lease Enforceable

by Sebastian Gibson on

Real Estate leases have become more and more important as people are forced to walk away from their homes and lease a home or apartment until the economy turns around. Real Estate lawyer Sebastian Gibson examines what makes...more

The Sword, the Shield, the Missionary, and the Unlicensed Contractor; a Pyrrhic Victory for the Homeowner.

by James J. Falcone on

A recent California decision pitted homeowners against the contractor who was supposed to build their retirement home. The job didn’t get done, and the contractor, whom the court decided was unlicensed, was in for a big...more

Pennsylvania's New Home Improvement Consumer Protection Act: What it means to Contractors and Homeowners

by Tye Cressman on

On July 1, 2009, Pennsylvania's new Home Improvement Consumer Protection Act became effective, drastically changing the the rights of homeowners and the obligations of home improvement contractors. This article is a summary...more

The Grass Is No Longer Greener for Landscapers

by Richard Gaeckle on

Effective December 31, 2005, any person providing home improvement services to the public must be registered with the New Jersey Division of Consumer Affairs and comply with specific requirements as to home improvement...more

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