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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

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

TEXAS - Defendant's Original Answer + Affirmative Defenses

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

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 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

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

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

The IL Home Repair and Remodeling Act - An Important Law for Contractors and Homeowners

This article was published in the February 2010 issue of "Northern Lights," the newsletter of the Northern Illinois Home Builders Association. It provides a summary of the Illinois Home Repair and Remodeling Act, recent...more

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

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

The Sword, the Shield, the Missionary, and the Unlicensed Contractor; a Pyrrhic Victory for the Homeowner.

A recent California decision pitted homeowners against the contractor who was supposed to build their retirement home. The job didn’t get done, and the contractor, whom the court decided was unlicensed, was in for a big...more

Pennsylvania's New Home Improvement Consumer Protection Act: What it means to Contractors and Homeowners

On July 1, 2009, Pennsylvania's new Home Improvement Consumer Protection Act became effective, drastically changing the the rights of homeowners and the obligations of home improvement contractors. This article is a summary...more

The Grass Is No Longer Greener for Landscapers

Effective December 31, 2005, any person providing home improvement services to the public must be registered with the New Jersey Division of Consumer Affairs and comply with specific requirements as to home improvement...more

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