General Business Zoning, Planning & Land Use Construction

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Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

Construction & Land Use Newsletter - December 2013

In This Issue: - Five Major Terms Construction Contractors Need to Worry About - Handshakes to Hashtags: The Evolution of Deal-Making in the Construction Industry - Searching for the Escape Hatch: The...more

Changes of Note to Lenders From the 2013 Legislative Long Session

During the 2013 legislative session, several new laws were passed which directly affect the banking and financial services industries. While most of these changes are relatively minor, they are certainly worth noting. Below...more

Who’s On First? Secured Party Not a Third-Party Beneficiary Under Improvement Agreements

It’s fairly common, particularly for new developments on previously undeveloped property, for public entities to require that the developer agree to construct, install or pay for improvements such as roads, sewage, storm...more

Lenders Versus Mechanics’ Liens in West Virginia: A Question of Priorities

Finally! After days, weeks, sometimes even months of waiting, you as the lending officer received approval from corporate that underwriting has just approved your borrower and you can proceed with the term sheet. Time to put...more

Construction & Land Use Newsletter - Volume 5, Issue 3 - September 2013

In This Issue: - When Do Virginia Contractors Need a License? - Newberry Station: Political Contributions & Political Realities - Excerpt from Newberry Station: Political Contributions & Political Realities:...more

Major New Jersey Economic Incentive Legislation Advances

Legislation that will significantly expand economic development incentive programs will soon become law. The legislation merges five existing economic development incentive programs into two economic development incentive...more

When Do Virginia Contractors Need a License?

The question of exactly what triggers a requirement for a contractor’s license comes up frequently in my practice. Like many other things in the law, the answer is not particularly clear and can be somewhat circular. Still,...more

Amendments to Pennsylvania’s Uniform Condominium Act and Uniform Planned Communities Act

Recently, Pennsylvania Governor Tom Corbett signed into law House Bill 1122 (the "Amendment"), which amends the Uniform Condominium Act and the Uniform Planned Community Act (together the "Acts") by extending the time period...more

New Jersey Board of Public Utilities Rejects Agreement on Offshore Wind Project

On July 19, 2013, the New Jersey Board of Utilities (the Board) rejected a stipulated agreement that would have allowed New Jersey’s first offshore wind energy project to move forward. The Board’s failure to approve the...more

The Construct - Your Guide to Law in the Construction Industry - June 2013

In This Issue: - Simplifying the Mechanic's Lien Agent Process: NC's New Online Clearinghouse - The Complexities of Mechanic's Liens in West Virginia - I Did The Work -- Where Is My Check? - So, You're Having...more

Unwelcome Outcomes For Organisations That Fail To Take Into Account Climate Legal Risk (Australia)

We recently provided a client update on the Queensland Planning and Environment Court decision of Rainbow Shores P/L v Gympie Regional Council & Ors1 (view here). The decision in Rainbow Shores provides an example of what...more

Construction & Land Use Newsletter - June 2013

In This Issue: - Lien Filing Update: Virginia Mechanic’s Liens Get Even Harder - Arlington County Reconsiders Parking Ratios for Commercial Site Plans - Zoning Ordinance Revisions Affecting Arlington...more

2013 Maryland General Assembly Passes Bills Affecting Construction Industry

A number of bills were passed during the Maryland General Assembly's 2013 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain bills from...more

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more

Construction & Land Use Newsletter - March 2013

In This Issue: - Complete Overhaul of Arlington County Zoning Ordinance - Construction Contracts: Avoiding Clashes and Irreconcilable Differences - Proposed Update to Arlington County’s Noise Control...more

Using Your Neighbor’s Airspace in Today’s Construction Projects

Since at least the times of the Ancient Greeks, cranes have been an important part of a construction project. Modern building designs and construction techniques have made cranes integral to today’s development projects....more

State Mandated Accessibility Inspections

In September 2012, the State Senate created a new state mandated local program by enacting S.B. 1186 which requires local agencies fund increased Certified Access Specialist (“CASp”) services. CASps work for local...more

In New York State, Allegations of Loss are Not Enough

A decision last year from the Commercial Division of the New York State Supreme Court, Erie County, provides two helpful reminders to commercial litigants. First, at least in New York, the plaintiff’s damages must have been...more

Construction Codes: Putting Your Vote Into Action

The upcoming presidential election has dominated the headlines. As a nation, our attention has been focused on the state of current laws, the prospect of future laws, and even the need for certain laws. As an industry,...more

Construction & Land Use Newsletter - June 2012

In This Issue: - Virginia Amends Historic Preservation Statutes.....Page 1 - Knowing When to Pull the Plug on a Construction Project...Page 2 - Excerpt from Virginia Amends Historic Preservation...more

"Modernizing the Regulatory System for Project Reviews", Focus on Mining, April 2012

Since 2006, the Government has been working to streamline the review process for major economic projects so that projects proceed in a timely fashion while protecting the environment. For example, in 2010 the Government...more

Could Zoning Issues Stop Your New York or New Jersey Business Cold?

When selecting a business operation location for your New York or New Jersey business, there are a number of important factors to consider. While issues like cost, visibility, and convenience often make it to the top of...more

Fire Engineers, Models and Hired Guns

In Australia engineers can be found accountable in common law, under statute in certain contexts and in some jurisdictions they can be found liable for professional misconduct. This paper will focus upon the emerging...more

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