Construction Consumer Protection

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
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Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015...more

Ohio Builders Beware: Stiff Penalties Remain

For several years, home builders and residential contractors in Ohio were subject to the Consumer Sales Practices Act – an arduous consumer protection law that imposes heavy penalties upon service “supplies” like builders,...more

Devastating TCPA Fine Levied Against Small Roofing Company

David Randall Associates, Inc. has provided commercial roofing services in eastern Pennsylvania, New Jersey, and mid-state Delaware for the past 25 years. Last Friday, the company was hit with a $22,405,000 TCPA fine in a...more

Condominium unit ILSA sales exemption now effective

Effective March 25, 2015, the sale of condominium units are no longer subject to the registration requirements of the Interstate Land Sales Full Disclosure Act (ILSA) under a new exemption. This new exemption applies only to...more

Avoiding Liability Under the Home Solicitation Sales Act

By now most contractors are familiar with Ohio’s Home Solicitation Sales Act and have added language to their consumer contracts incorporating the standard 3 day notice of a consumer’s right to cancel. ...more

CFPB Finalizes Minor Changes to “Know Before You Owe” Rules

On January 20, CFPB finalized two minor modifications to the “Know Before You Owe” mortgage disclosure rules. The changes, which were proposed in October 2014, address when consumers will receive updated disclosures after...more

Condo Developers Getting Relief From Washington

In an uncharacteristic bipartisan style, the House of Representatives of the U.S. Congress passed H.R. 2600 on September 26, 2013, and almost a year later, on September 19, 2014, the Senate followed by enacting S.2101....more

New exemption under ILSA for condo units: relief for developers, key points to note

President Barack Obama has signed into law an amendment to the Interstate Land Sales Full Disclosure Act of 1968 (ILSA). The new law, signed by the President on September 30, expands registration exemptions under ILSA...more

Completed Condominium Units to be Exempted from ILSA Registration Requirements

A bill exempting completed residential condominium units from the burdensome registration provisions of the Interstate Land Sales Act (“ILSA”) was passed by the U.S. Senate on September 18, 2014, after earlier passage by the...more

Shafer Electric & Construction v. Mantia: PA Supreme Court holds that noncompliance with the Home Improvement Consumer Protection...

Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the...more

Caveat Venditor (Let the Seller Beware):Consumer Protection Laws Can Have Significant Implications

A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...more

Update on California’s Green Chemistry Regulations – 3 Products in Crosshairs

California’s green chemistry law, known as “Safer Consumer Products Regulations,” is getting closer to affecting companies that do business in California. The regulations took effect on October 2013 with the goal of making...more

Developers Beware: Consumer Protection Procedures Act Strikes Again in D.C.

A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar...more

Door Opening to Allow Common Negligence Claims Against Construction Professionals

For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether...more

Bill Would Exempt Condominiums from Certain ILSFDA Requirements

On September 26, 2013, the U.S. House of Representatives passed H.R. 2600, which would exempt the sale and lease of condominium units from certain requirements of the Interstate Land Sales Full Disclosure Act (ILSFDA). The...more

LEGAL ALERT: Maryland Mold Remediation Services Act – Effective July 1, 2013

New Maryland law for contractors, effective July 1, 2013, requires that any person, company or firm that provides mold remediation services on residential property first obtain a special license prior to providing such...more

Table Saw Lawsuits Allege Injuries Caused by Lack of Adequate Safety Equipment

Despite the existence of technology that could prevent countless injuries caused by table saws, thousands of Americans suffer finger amputations, lacerations, or hospitalizations each years due to accidents caused by table...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

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

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