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Common Elements Deficiency Claims – A Recent Case Decision

In a recent court decision, the court determined that it was legal for a developer to limit its liability with respect to common elements deficiency claims so that the developer would not be responsible for any claims in...more

New initiatives from the WSIB in 2013

The Workplace Safety and Insurance Board (“WSIB”) is in a state of flux, with many changes happening now and more on the horizon. In order to keep you up-to-date on the most recent workers’ compensation initiatives, this...more

Officer Liability for Bank Losses: The Jury Speaks

Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California...more

Legal Update: California Supreme Court Recognizes Enforceability of Mandatory Arbitration Clause Recorded in CC&Rs in Construction...

The California Supreme Court has issued its long anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al. The Court upheld a condominium developer’s ability to enforce a...more

Sifting Through The Ashes: Who Owns The Assets Of A Former Redevelopment Agency And Related Title Concerns By Brian D. Shaffer*

I. INTRODUCTION - In California Redevelopment Assn. v. Matosantos, 53 Cal. 4th 231, 135 Cal. Rptr. 3d 683, 267 P.3d 580 (2011) (“Matosantos”), the California Supreme Court confirmed the death of redevelopment agencies...more

Amendment to Tarion Addendum: More Disclosure for Condo Purchasers

The Ontario government just enacted amendments to the regulations to the Ontario New Home Warranties Plan Act. Included in the amendments are new Tarion Addendum forms which are available for use effective July 1, 2012 and...more

Condominium and New Home Warranties and Rights of Action

Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more

Should the board consult the owners before implementing changes ? (Part I)

We are often asked to advise condominium corporations on the extent of owner consultation required before the board can implement a change or proceed with extensive work on the common elements. Do owners need to be consulted,...more

Distressed Condominium Relief Act Extended

On Friday, April 6, 2012, Governor Rick Scott signed HB 517 which contains a provision extending the Distressed Condominium Relief Act (Act) otherwise due to sunset July 1, 2012. The Act was adopted in 2010 as a way to...more

Construction OberView: Condo Unit Owners Have Right of Action Against Council of Unit Owners for Failing to File Timely Suit...

The Maryland Court of Special Appeals has recognized a cause of action by individual condominium unit owners where the council of unit owners has failed to take timely legal action against the project’s developer to address...more

Property transactions between a director and his company

Directors and their advisers can be exposed to large losses if they overlook the need for formal shareholder approval of property transactions, including grant of leases, between a company and its director or his associates....more

Developer Lawsuit Prevents Sale

In the first few years of a newly created condominium corporation the owner elected board will try to resolve issues dealing with building deficiencies, the developer's warranties and representations made in disclosure...more

Disclosure of Information to Purchasers by Developers - When is it Sufficient?

As we know, when a purchaser buys a new condo unit the developer must provide the purchaser with a disclosure statement, the contents of which are mandated by the Condominium Act, 1998 and its Regulations (the "Act")....more

Terminating Developer Agreements by Condo Corporations

Section 112 of the Condominium Act (the “Act”) permits the new board elected after the turnover of the Corporation to terminate certain types of agreements for the supply of goods, services or facilities entered into by the...more

Workplace Accidents in Condos

Heenan Blaikie’s national OHS & Workers’ Compensation practice group regularly advises business owners and management when they have had a workplace accident. According to Cheryl A. Edwards and Jeremy Warning, both former...more

Top 3 Tips for Smartly Handling Project Documents

This article gives tips for minimizing risk through proper project document management....more

"Pay When Paid" not enforceable in North Carolina contracts

"Pay when paid" clauses are enforceable in some jurisdictions, but not in North Carolina. This article discusses the statutory prohibition on such clauses in North Carolina....more

What isn't in your construction contract?

Sometimes, what is not in your construction contract can be harmful to your business. This article provides tips to minimize your risks by making modifications to your contracts....more

How To Respond to a Washington Notice of Construction Defects

Have you ever received a standard form Notice of Construction Defects (RCW 64.50.020) from one of your customers? Many Washington contractors have, or will, at some point. A customer cannot file a lawsuit until forty-five...more

How To File A Claim Against a Washington Contractor's Bond

This is an easy "How To" on filing a claim against a Washington contractor's bond. Washington contractors are obligated to register with the State Department of Labor & Industries and maintain a statutory bond (RCW...more

Follow your Change Order requirements

Change Orders happen routinely in construction projects. Follow your contract requirements concerning change orders to avoid performing work that won't be compensated....more

Massachusetts Court Invalidates Build-to-Suit Lease Under Construction Bid Laws

Massachusetts' highest court recently ruled that a long-term lease of a build-to-suit dormitory facility to the University of Massachusetts, Lowell (UMass Lowell), violated the Commonwealth's public construction bid laws,...more

Managing the Risks Involved in Building Green Projects

"Green" building projects are now becoming the norm. Only a few years ago green buildings appeared to be a market trend, but countless projects are now focusing on environmentally friendly design and construction. How can...more

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