Construction Civil Procedure Constitutional Law

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California Supreme Court Paves the Way for Ownership Inclusionary Housing - Many Developers Maintain That the Costs Associated...

In a highly anticipated case affecting residential development throughout California, the California Supreme Court unanimously rejected the California Building Industry Association’s (CBIA) challenge to the City of San Jose’s...more

California Supreme Court Upholds Validity of Inclusionary Housing Ordinances

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, No. S212072, unanimously upholding the validity of inclusionary housing programs in...more

California Supreme Court Holds Inclusionary Zoning Subject to Rational Basis Review

2013 was a banner year for developers under the takings clause, as both the U.S. Supreme Court and California Supreme Court issued decisions expanding the developers’ ability to challenge exactions as unconstitutional. In...more

California Supreme Court Holds Facial Challenge to Inclusionary Zoning Ordinance Subject to Deferential Standard of Review

In a decision with major repercussions for the building industry in California, the California Supreme Court unanimously rejected a constitutional challenge to San Jose's affordable housing ordinance. California Building...more

California Supreme Court Upholds Inclusionary Housing Ordinance as a Valid Exercise of Police Power

In a major loss for the building industry, the California Supreme Court upheld an inclusionary housing ordinance ("IHO") adopted by the City of San Jose (“City") in California Building Industry Association v. City of San...more

Maine Supreme Court Looks Past City Planner's "Unprofessional" Plea to Zoning Board of Appeals

This March, the Maine Supreme Judicial Court considered a claim that an "unprofessional" email from a city planner to the city's zoning board of appeals, pleading for a specific outcome on a land use appeal, does not per se...more

Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more

Recent Developments in Colorado Construction Law

Hot Button Issues in Colorado Construction - Liability for owners, developers, contractors and design professionals - A construction defects measure, which was introduced to the state legislature in the 2014...more

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...more

Supreme Court Declines to Hear Challenge of Illinois Independent Contractor Classification Law

On October 14, 2014, the Supreme Court of the United States refused to consider a challenge to the Illinois Employee Classification Act, which classifies workers in the construction industry as employees unless they can meet...more

Business Court Makes North Carolina Safe For Construction Lawyers

Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the...more

Current Developments in Eminent Domain and Oil and Gas Pipeline Construction (Under Construction - March 2014)

On February 19, 2014, a Nebraska state district court judge invalidated a portion of a Nebraska law that had, until the decision, permitted an alternate, streamlined method of obtaining eminent domain authority for the...more

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The...more

U.S. Supreme Court Decision On Land-Use Exactions Impacts Developers, Government

If you have ever filed a zoning application and been subjected at the public hearing to a version of the game show “Let’s Make a Deal,” you may find of interest a June 2013 decision by the U.S. Supreme Court that addresses...more

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed...more

Will Koontz Mean Big Changes or Business as Usual for Real Estate Development in California

On June 25, 2013, the U.S. Supreme Court release its decision in Koontz v. St. John's River Water Managment District. Koontz has been called the most significant takings case since Kelo v. City of New London and has been...more

California Supreme Court to Review Inclusionary Housing Requirements

On September 11, 2013, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review challenging a San Jose ordinance that imposed "inclusionary" housing obligations on housing...more

Mississippi's "Stop Notice" Statute Ruled Facially Unconstitutional Deprivation of Property

On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that Mississippi's "Stop Notice" statute is unconstitutional because it deprives...more

5th Circuit: Mississippi's Stop-Notice Statute Is Unconstitutional

In Noatex Corp v. King Construction of Houston, LLC, Case No. 12-60385 (5th Cir. Oct. 10, 2013), the Fifth Circuit Court of Appeals issued its long-awaited ruling on the constitutionality of Mississippi's Stop-Notice statute,...more

Argument Report: Are Statutory Penalties Under the Employee Classification Act Constitutional?

Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings?...more

Court of Appeal Upholds San Jose Inclusionary Housing Ordinance as Legitimate Exercise of Local Police Power

In a recent decision, California's Sixth District Court of Appeal reversed a trial court order and upheld the City of San Jose's Inclusionary Housing Ordinance as a legitimate exercise of the local police power. California...more

Voir Dire: Hunt for the Fox

Thomas Fuller, a 17th Century English historian and clergyman, once said “a fox should not be on the jury at a goose’s trial.” This quote sums up the importance of voir dire and why preparing for it is critical to success at...more

Who Knew that Mary Carter was Involved in Construction Law?

A Mary Carter agreement is a settlement agreement between a plaintiff and defendant in which the defendant remains an active party to the litigation and the claim also proceeds against other parties. The Courts have always...more

Citadel Group Limited v. Washington Regional Medical Center

Seventh Circuit Opinion regarding personal jurisdiction

2008 Seventh Circuit Opinion regarding personal jurisdiction....more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Opinion of the Connecticut Supreme Court

This opinion of the Connecticut Supreme Court arises out of an action by a contractor to compel the State of Connecticut Department of Public Works to pay sums certified by the Governor to be paid pursuant to C.G.S. 3-7. The...more

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