Construction Law › Consumer Protection

CFPB Takes Action Against Real Estate Kickbacks Under RESPA

The CFPB has ordered a Texas homebuilder, Paul Taylor, to surrender more than $100,000 he received in kickbacks for referring mortgage origination business to Benchmark Bank and to Willow Bend Mortgage Company....more

New Requirements for 2012 Hawaii Solar/PV Installations To Avoid 2013 Tax Treatment

2012 Residential Renewable Energy Systems Will Be Subject to 2013 Tax Credit Announcements Unless Specific Requirements Are Met. Consumers, Contractors, And Tax Practitioners Should Be Familiar With Ramifications of...more

Luu v. American Investments Real Estate Corporation

Final Order of the Virginia Board for Contractors Authorizing Payment of Claim

This is the Final Order of the Virginia Board of Contractors that rejected its own Summary which recommended denial of the claim and after hearing testimony, ultimately approved payment of the maximum statutory amount of...more

Consumer Fraud Act Counterclaim Against General Contractor Denied to Homeowner Who Used Architect as Intermediary to Manage...

In a recent unpublished opinion, Gemini Restoration Inc. v. Leone, et al., Docket No. A-6171-09T4 (August 3, 2012), New Jersey’s Appellate Division, among other things, affirmed a summary judgment order that dismissed a...more

Chinese Drywall Suit Settles for $80 Million

Plaintiffs in New Orleans have settled a lawsuit for $80 million against builders, suppliers and manufacturers who sold and installed defective drywall in houses across the south, ruining metal fixtures and causing health...more

TEXAS - Defendant's Original Answer + Affirmative Defenses

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

Consumer Fraud Claims Between Merchants In Commercial Transactions

In my prior articles I’ve reviewed the dramatic changes in the law of late, where New Jersey courts have applied the New Jersey Consumer Fraud Act (“CFA”) in any number of circumstances beyond the consumer context. Opinions...more

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

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

Green Buildings and Greener Leases

GREEN BUILDINGS AND GREENER LEASES The Environmental Background All buildings, including residential, commercial and industrial buildings have a significant impact on our environment. For example,...more

What Is In A Name? It May Not Matter As Much As You Think If You Are An Individually Licensed Contractor

The Contractor's State License Law (“CSLL”), found at Business and Professions Code sections 7000 et seq., provides a comprehensive licensing scheme that requires all contractors doing business in California to possess a...more

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

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 Construction Defects in New Jersey and the Election of Remedies

In the context of construction defect claims for new home construction, the question of whether a homebuyer can pursue legal claims in the courts as well as through a warranty program is a complicated one, and a veritable...more

Duo of Appellate Decisions Provide Guidance on the Scope and Limits of NJ's Statute of Repose

Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some much needed guidance on the scope and limitations of New Jersey’s statute of repose, N.J.S.A. § 2A:14-1.1 in the...more

Ejerskifteforsikring og tilstandsrapporter - nyeste domme/kendelser

Oversigt i summarisk form over den nyere praksis vedrørende tilstandsrapporter, bygningssagkyndiges ansvar og ejerskifteforsikringer....more

The Perils of Ignoring the CFA in the Residential Construction Context

The New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1 et seq. (“CFA”) has become a potent weapon for residential homeowners hoping to avoid payment to contractors in the residential home construction context, even where the...more

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

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

New Jersey Supreme Court to Decide Upon Whether Individual Officers of Construction Firm May Be Held Personally Liable for...

This blog summarizes recent developments under New Jersey law to extend the reach of the Consumer Fraud Act in residential construction to impose personal liability on company officials, and pending legislative efforts to...more

California Partial Release and Waiver of Liens (Unconditional)

A good partial release and waiver of liens outlines the rights and responsibilities of the contractor and the property owner, and explains what has been accomplished and what has yet to be done....more

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

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

South Carolina Real Estate Litigation and Duty to Disclose Defects

South Carolina recently released the opinion below. It affirms that the balance of duties between buyer and seller remain in a real estate transaction. Olson & Good handles matters involving defective construction and real...more

Sword or Shield? The Consumer Fraud Act in Construction Litigation

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

Illinois Supreme Court Holds That Oral Contracts Not Necessarily Unenforceable, But Why Risk It?

On September 23, 2010, the Illinois Supreme Court held that, pursuant to Illinois' Home Repair and Remodeling Act ("Act"), oral contracts were not necessariliy unenforceable. As such, contractors owed money pursuant to oral...more

QUICK LEGAL GUIDE ON THE SPANISH LIABILITY OF REAL ESTATE AGENTS/ COMPANIES FOR HOME SALES TO CONSUMERS

Imagine a real estate agent/ company operating in Spain convinces a national or a foreign consumer to buy an apartment. After making the payment, the consumer finds out that something is terribly wrong with his home purchase....more

QUICK LEGAL GUIDE ON THE SPANISH LIABILITY OF REAL ESTATE AGENTS/ COMPANIES FOR HOME SALES TO CONSUMERS

Imagine a real estate agent/ company operating in Spain convinces a national or a foreign consumer to buy an apartment. After making the payment, the consumer finds out that something is terribly wrong with his home purchase....more

Avoiding Home Improvement Headaches

By following the tips in this legal guide, you can avoid most of the common pitfalls experienced by home owners in hiring contractors to do work in their home....more