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Construction Consumer Protection Civil Remedies

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Luu v. American Investments Real Estate Corporation

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

by Richard H. Nguyen on

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 Claims Between Merchants In Commercial Transactions

by Kevin O'Connor on

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

by Kevin O'Connor on

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

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

by Miller Starr Regalia on

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

Home Construction Defects in New Jersey and the Election of Remedies

by Kevin O'Connor on

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

by Kevin O'Connor on

Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some much needed guidance on the scope and limitations of New Jersey’s statute of repose, N.J.S.A. § 2A:14-1.1 in the...more

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

by Baker Donelson on

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

by Christopher Clay Olson on

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

California Real Estate Leases - A Real Estate Attorney and Broker Explains What Makes A Lease Enforceable

by Sebastian Gibson on

Real Estate leases have become more and more important as people are forced to walk away from their homes and lease a home or apartment until the economy turns around. Real Estate lawyer Sebastian Gibson examines what makes...more

Texas Supreme Court Sends Homeowner to Arbitration With No Written Contract

by David Wilson II on

This article analyzes an opinion in which the Texas Supreme Court required a homeowner, who had not signed an arbitration agreement with the builder, to arbitrate her claims of defective construction against the builder....more

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