Commercial Real Estate Construction

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When Contract Forms Cause Unintended Consequences

Inclusion of unrevised Standard AIA contract forms in your construction agreements can cause serious unintended consequences. A case decided by the Indiana Supreme Court, Bd. of Comm’rs. Cty of Jefferson v. Teton Corp., 30...more

Commercial Construction in the Golden State is Looking Pretty Golden

If the $2.1 trillion erased from the U.S. stock market over the last week has you white knuckled, you might consider commercial construction in the Golden State, where things are looking . . . well . . . pretty golden....more

Tax Increment Financing Implementation Changes Coming Soon

As many of you who are involved in developing projects in urban renewal or downtown development areas know, the principal method for financing such projects is tax increment financing (TIF). Tax increment financing is...more

Winn Everett's Environmental Virtues Are Yin to the Yang of Casino Profits

The site in Everett where Steve Winn wants to build a resort/destination casino at a cost of more than a billion dollars has got to be the most run-down, contaminated, crummy looking oceanfront properties in Greater Boston. ...more

Fishers Revises List of Permitted Building Materials for Commercial/Industrial Buildings

The City of Fishers approved this week amendments to the City’s Unified Development Ordinance that added four new permitted exterior building materials to its list of permitted exterior materials for commercial and industrial...more

Energy Newsletter - August 2015

Falling Oil Prices Are Not the Only Deterrent to Investment in Mexico's Oil Fields - On July 15, Mexico auctioned 14 shallow-water exploration blocks. The auction marked the first time in nearly eight decades that...more

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

Major Changes to District of Columbia Zoning Regulations

Effective in early 2016, the District of Columbia Zoning Commission will adopt a major overhaul of the zoning regulations. Although the overhaul is intended to simplify and update the 1958 zoning regulations, the new...more

Abu Dhabi Global Markets: New Regulations: Strata

The ADGM Strata Title Regulations 2015 (the “Strata Regulations”) introduce a set of strata specific laws which deal with the stratification of real estate interests situated within the Abu Dhabi Global Market (“ADGM”), which...more

Foundation: July 2015 • Vol. II, Issue 2

Warranty/Guaranty Provisions in Construction Contracts - The most confusion I have seen in the discussion of construction topics concerns the concepts of “warranty” and “guaranty.” This article will address the...more

Real News - Summer 2015

Welcome to the summer edition of Real News, DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this edition:- - Jon Gaskell looks at recent changes made to the CDM...more

Recent Developments in Retrofit Liability of Publicly Accessible Properties

If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and...more

Is the Mechanic’s Lien or Bond Waiver Clause in Your Contract Enforceable in Virginia?

A new Virginia law invalidates any mechanic’s lien or payment bond waiver signed before work has commenced. The Governor recently signed new legislation into law, effective July 1, 2015, that invalidates waivers of...more

Lujo y cultura detrás del crecimiento de Miami como un destino para los más ricos

La ciudad de Miami sigue figurando como uno de los destinos mundiales principales para los extremadamente ricos. Según el Informe anual sobre la riqueza (The Wealth Report) de Knight Frank de 2015, Miami ocupa el sexto lugar...more

Perspectives on Insurance Recovery

Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more

Miami-Dade County Proposed Budget Confirms Dedication To P3s

Last week Miami-Dade County Mayor Carlos Gimenez introduced the County’s FY 2015-16 Proposed Budget and Multi-Year Capital Plan. A review of the budget’s line items confirms the County’s dedication to the use of...more

New Integrity Framework - Changes to Canada's Integrity Rules for Procurement

On July 3, 2015, the Government of Canada introduced a new “Integrity Regime” for procurement and real property transactions to overhaul the former Integrity Framework.i The Integrity Regime consists of the Public Works and...more

New Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate Division finds Subcontractors’ Faulty Construction...

The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied coverage for damage caused...more

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

Maximizing Project Success—A New Guide for Owners

Those of us who work in the design and construction industry have a good idea of what drives a successful project. In short, we see a successful project as one that finishes on time and within the budget. Common sense...more

Canada’s Integrity Framework Gets a Makeover: What Public Contractors Need to Know

On July 3, 2015 Public Works and Government Services Canada (PWGSC) released its anticipated revisions to the Integrity Regime, which seeks to ensure it does business with ethical suppliers of goods and services in Canada and...more

Fourth District Holds Losing CEQA Plaintiff’s Mooted Appeal Was Not “Catalyst” To City’s Revocation Of Project Entitlements After...

In an opinion filed June 8, and ordered published on July 6, 2015, the Fourth Appellate District Court of Appeal affirmed the trial court’s judgment denying a CEQA plaintiff’s motion for attorneys’ fees under CCP § 1021.5,...more

Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective Work

In Valley Crest Landscape v. Mission Pools (No. G049060, filed 6/26/15, ord. pub. 7/2/15), a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to...more

Addressing Environmental Issues in Real Estate Development

Dealmakers sometimes overlook environmental issues when negotiating transactions, leaving important business and legal issues unaddressed until they inevitably pop up shortly before closing and send everyone scrambling. This...more

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the...more

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