Construction Law, Finance & Banking

Trigeneration - Tips and Traps for the Uninitiated: Baker & McKenzie

by Sebastian Busa, Peter Davis, Jennifer Fitzalan, Alex Hartmann | Baker & McKenzie Australia on 5/22/2013

Given the escalating costs of energy and increasing corporate focus on sustainability, building owners and occupiers are increasingly seeking ways to produce and use energy more efficiently....more

U.S. Senate Passes Water Resources Development Act

by Kimberly D. Magrini, Steve Park, Brian Walsh | Ballard Spahr LLP on 5/21/2013

Hoping to address billions of dollars of necessary water infrastructure maintenance and improvements, the U.S. Senate passed the Water Resources Development Act (WRDA) on May 15, 2013....more

Mississippi District Court Defers to New York Court in Bond Action

by Bruce Sabados, Allison Wuertz | Katten Muchin Rosenman LLP on 5/21/2013

The United States District Court for the Northern District of Mississippi denied the motion of defendant ACA Financial Guaranty Corporation (ACA) to dismiss a class action complaint, finding that the issues were previously...more

CFPB Takes Action Against Real Estate Kickbacks Under RESPA

by Stephen M. Quinlivan | Leonard, Street and Deinard - Employee... on 5/21/2013

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

Legislative Update Report No. 2013-09 -- May 10, 2013

by Osler, Hoskin & Harcourt LLP on 5/15/2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

Joint Check Agreements

by Joe Virene | Looper Reed & McGraw, P.C. on 4/29/2013

If you supply construction materials and/or equipment then you likely have encountered a joint check agreement. For those that have not yet encountered this arrangement, a joint check agreement is a credit facility...more

Insolvency in the Building and Construction Industry: Proposed Amendments to the Building and Construction Industry Security of...

by Marcel Marquardt, Sandra Steele | K&L Gates LLP on 4/29/2013

The Industry and Current Legislation - The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations...more

HB 85 – Act Relating to Public-Private Partnerships

by Mark Herron | Messer & Caparello, P.A. on 4/25/2013

In the wake of the recent recession, a number of states, including Florida, are exploring new and innovative solutions to the problem of insufficient funding for the construction and improvement of public facilities. At the...more

New Changes to the Late Payment of Commercial Debts (Interest) Act

by Paul Cowan, Anthony Lavers, Rebecca Shorter | White & Case LLP on 4/18/2013

On 16 March 2013, new regulations came into force in relation to the Late Payment of Commercial Debts (Interest) Act. Enacted to incorporate a recent EU Directive, these new regulations introduce a maximum payment...more

Proposed 2014 Budget Encourages Private Investment in Infrastructure

by Frederic Ballard, Jr., Scott Cockerham, Charles Henck | Ballard Spahr LLP on 4/15/2013

This week, the Obama administration released its proposed budget for the 2014 fiscal year. Notably, the budget encourages private investment in infrastructure projects through various liberalizations of the tax laws relating...more

Illinois House Considers Bill to Allow “Bonding Off” of Mechanics Liens

by Timothy Patenode, Jennifer Ryan | Katten Muchin Rosenman LLP on 4/12/2013

Lenders in Illinois might want to take note of pending Illinois House Bill 2804. The bill would amend the Mechanics Lien Act, so as to allow “bonding off” of mechanic liens for the first time in Illinois. Nearly every state...more

Federal Reserve Board And OCC Publish White Paper On CRE Concentration Guidance

by BuckleySandler LLP on 4/9/2013

On April 3, the Federal Reserve Board and the OCC jointly published a white paper on the regulators’ study of bank performance in the context of 2006 interagency guidance regarding commercial real estate lending that...more

Maryland Passes P3 Legislation

by Sharifa Anderson, Steve Park, Brian Walsh, David Winstead | Ballard Spahr LLP on 4/9/2013

Legislation encouraging the use of public-private partnerships (P3s) to address Maryland’s growing infrastructure needs has been passed by the General Assembly and signed into law by Governor O’Malley with bipartisan...more

Court Invalidates Mechanic's Lien for Seeking Excessive Amount

by Ryan Klein | Sherman & Howard L.L.C. on 4/5/2013

A mechanic's lien is a very powerful tool for prime contractors, subcontractors, suppliers, and laborers to seek compensation for work provided on construction projects. This tool, however, becomes excessive, invalid, and...more

Changes to North Carolina's Mechanics' Lien Statue

by Brian Evans, Samuel Reaves | K&L Gates LLP on 3/29/2013

There are significant changes to North Carolina’s mechanics’ lien statute that take effect on Monday, April 1, 2013. These changes impose new duties on property owners regarding the designation of a private lien agent on...more

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

by Bryan G. Scott | Spilman Thomas & Battle, PLLC on 3/29/2013

As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more

Public-Private Partnerships – The Future May Be Sooner Than Thought

by Sean Sullivan | Fowler White Boggs P.A. on 3/26/2013

Public-Private Partnerships, also known as P3, are evident in Florida. A P3 is a contractual relationship between a public agency and private entity that agree to share risk and rewards of a project. Historically, these...more

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

Bipartisan Group of Senators Wants Clarification of "Commencement of Construction" Under the Wind PTC

by Kimberly Barnashuk | Phillips Lytle - Renewable Energy on 3/15/2013

Last week, a group of U.S. Senators submitted a letter requesting swift clarification by the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) of language regarding the wind production tax...more

Changes Taking Effect to North Carolina Lien and Bond Laws

by John Mabe | Nexsen Pruet, PLLC on 3/14/2013

The rules are changing when it comes to North Carolina lien and bond laws. And, the new provisions are substantially altering the way in which all parties involved in lien rights – from owners, buyers, and sellers to general...more

A Key Lesson for Owners and Prime Contractors About Payments

by Duane Morris LLP on 3/14/2013

Consider the following scenario: A prime contractor with a financially-shaky subcontractor agrees with the subcontractor's secured lender to make payments directly to the lender, but the word is not passed along to the...more

IRS Releases Audit Memorandum on Another HTC Transaction

by David Cohen, Mark Limardo | Katten Muchin Rosenman LLP on 3/14/2013

The Internal Revenue Service recently released Field Attorney Advice 20124002F, revealing another attempt on audit to invalidate an allocation of historic tax credits (HTCs) to an HTC equity investor. Although only just made...more

International Interest Grows in Florida Real Estate Development: Currencies, Culture Work Together to Grow Foreign Interest in...

by Rosa Eckstein Schechter on 3/14/2013

Currency devaluations in other nations are a big factor, but not the only factor, in growing international interest in South Florida real estate development. Consider these recent monetary events...more

Breathing New Life into Brownfields – The BUILD Act of 2013

by Kristen Sherman | Adler Pollock & Sheehan P.C. on 3/13/2013

On March 7, 2013, Senators Lautenberg, Inhofe, Crapo and Udall introduced the Brownfields Utilization, Investment, and Local Development Act of 2013, which would amend the Comprehensive Environmental Response, Compensation...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Construction Law › Finance & Banking