Construction Law, Residential Real Estate, Business Organization

New initiatives from the WSIB in 2013

by Kevin MacNeill, Daniel Mayer, Samantha Seabrook | Heenan Blaikie LLP on 4/11/2013

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

by John F. Libby, Harold P. Reichwald | Manatt, Phelps & Phillips, LLP on 12/12/2012

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

by Meredith Jones-McKeown | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

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

New Jersey Appeals Court Finds Contractor Personally Liable For Fraud In Failing To Pay Subcontractor

by Lowenstein Sandler LLP on 9/18/2012

The New Jersey Appellate Division recently issued an unpublished opinion involving the false certification by the principal of a general contractor of payments to a subcontractor. The ramifications of that conduct should be...more

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

by Snell & Wilmer L.L.P. on 9/14/2012

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...

by Miller Starr Regalia on 8/21/2012

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*

by Miller Starr Regalia on 7/13/2012

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

by Heenan Blaikie LLP on 7/12/2012

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

by Ober|Kaler on 6/27/2012

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)

by Heenan Blaikie LLP on 4/25/2012

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

by Bilzin Sumberg Baena Price & Axelrod LLP on 4/13/2012

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...

by Ober|Kaler on 1/9/2012

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

by Chris Robinson on 12/1/2011

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

by Heenan Blaikie LLP on 3/28/2011

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?

by Heenan Blaikie LLP on 2/18/2011

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

by Heenan Blaikie LLP on 12/17/2010

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

by Heenan Blaikie LLP on 12/3/2010

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

by Melissa Dewey Brumback on 11/23/2010

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

"Pay When Paid" not enforceable in North Carolina contracts

by Melissa Dewey Brumback on 11/23/2010

"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?

by Melissa Dewey Brumback on 11/23/2010

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

by Douglas Reiser on 9/29/2010

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

by Douglas Reiser on 9/29/2010

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

by Melissa Dewey Brumback on 8/12/2010

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

by Duane Morris LLP on 6/28/2010

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

by Armstrong Teasdale LLP on 5/26/2010

"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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Construction Law › Residential Real Estate › Business Organization

New initiatives from the WSIB in 2013

Officer Liability for Bank Losses: The Jury Speaks

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

New Jersey Appeals Court Finds Contractor Personally Liable For Fraud In Failing To Pay Subcontractor

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

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

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

Amendment to Tarion Addendum: More Disclosure for Condo Purchasers

Condominium and New Home Warranties and Rights of Action

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

Distressed Condominium Relief Act Extended

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

Property transactions between a director and his company

Developer Lawsuit Prevents Sale

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

Terminating Developer Agreements by Condo Corporations

Workplace Accidents in Condos

Top 3 Tips for Smartly Handling Project Documents

"Pay When Paid" not enforceable in North Carolina contracts

What isn't in your construction contract?

How To Respond to a Washington Notice of Construction Defects

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

Follow your Change Order requirements

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

Managing the Risks Involved in Building Green Projects

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