Finance & Banking

Read Construction Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 18, 2013

A Breach Of A Fiduciary Duty Claim May Be Waived

by Schecter Law on 3/25/2013

A dispute arose between Band and Libby regarding the development and construction of a luxury condominium. Band, the managing general partner of the development and an attorney, contacted Libby to invite him to become an...more

Lenders Beware -- California decision may ignite next wave of lender liability litigation

by Reed Mercado | Sheppard Mullin Richter & Hampton LLP on 3/15/2013

In a recent decision from the California Court of Appeals entitled Jolley v. Chase Home Finance, LLC, the Court severely curtailed lenders’ ability to dispose of lender liability claims on summary judgment, thereby adopting a...more

Off the Beaten Path: The Federal Circuit Departs From Precedent in Lumbermens

by Sedgwick LLP on 11/19/2012

On August 23, 2011, the Washington, D.C. metropolitan area was surprised and shocked by an earthquake with a magnitude of 5.8, leading to the evacuation and temporary closing of multiple public and private buildings, and...more

Lenders Beware: The Risks of Creating a Fiduciary Relationship With Your Borrower

by Poyner Spruill LLP on 10/24/2012

In the wake of the collapse of the real estate market, banks across the country have seen a significant increase in cases brought by developers and individual buyers alike seeking to avoid their loan obligations on their...more

Subcontractors Take Note - Appellate Division Confirms That Construction Lender Has No Duty To Subcontractor Absent Express...

by Cole Schotz on 3/20/2012

The New Jersey Appellate Division recently ruled in Vollers Excavating and Construction, Inc. v. Citizens Bank of Pennsylvania, Docket No. A-3844-10T1 (March 5, 2012), that a construction lender has no obligation to pay an...more

Root canals & Lawsuits: two things to avoid (Law Note)

by Melissa Dewey Brumback on 1/27/2011

No one (with the exception of sadistic dentists) likes root canals, and no one (except lawyers) likes lawsuits. In the same way you can prevent (or limit) the need for root canals through proper flossing habits, you can limit...more

Enjoining Calls on Performance Bonds: Reconstructing Unconscionability

by Arvin Lee on 6/1/2003

Paper on Singapore's position with regard to enjoining of calls on performance bonds (surety bonds), with particular analysis of the addition of the ground of unconscionability as a ground for injunction. Commended by the UK...more