Construction Law, Residential Real Estate, Commercial Law & Contracts

CEQA Litigation: The Cost Of Doing Business In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/23/2013

There has been a lot of news lately on the costs of CEQA litigation, as well as the potential for the statute to be used as a tool to stop development, good or bad, or exact concessions or pay-offs. What is CEQA? CEQA, or...more

Are You Renovating? Then Hold Back 10% of Construction Invoices!

by Matthew J. Wilson | Lerners LLP on 5/22/2013

If you are renovating your existing property, it is important to understand your obligations under the Construction Lien Act. This legislation creates a “pyramid”, with the home-owner at the top. The renovator takes the next...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

Consultants On Home Improvement Projects May Now Need A Contractor's License

by Hopkins & Carley on 5/16/2013

It is common in the construction industry for residential owners to use consultants, including construction managers, to oversee and manage work performed by the direct contractor, subcontractors and material suppliers. The...more

D.C. Seeks to Finalize Rules Aimed at Preventing and Eliminating Lead Hazards

by Amy L. Edwards | Holland & Knight LLP on 5/15/2013

For several years, the District of Columbia has been working toward regulations designed to prevent and eliminate lead hazards. It came one step closer on April 26, 2013, when the District's Department of the Environment...more

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

by Joe Virene | Looper Reed & McGraw, P.C. on 5/14/2013

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

Georgia Lien Law Revised In Favor of Contractors

by Jennifer Grippa | Miller & Martin PLLC on 5/10/2013

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,...more

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...more

When Does an "Occurrence" Occur?

by Jerome Sturhahn | Sherman & Howard L.L.C. on 5/1/2013

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property damage that gives rise to liability, and the insurer's obligation, occur? ...more

An Update On North Carolina's New Lien Agent System

by Martin Flyke | Poyner Spruill LLP on 4/30/2013

On April 1, 2013, the changes to North Carolina’s construction lien laws enacted in July 2012 became effective. For a general overview of the pertinent changes, please review the articles written by Brian Corbett and Tom...more

Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as "Your Work" Exclusion in CGL Policy Is...

by Peter Georgiton | Dinsmore & Shohl LLP on 4/25/2013

In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

New Court Decision Clarifies Mechanic's Lien Valuation Statute

by Mathew Troughton | Sheppard Mullin Richter & Hampton LLP on 4/22/2013

The amount of a mechanic’s lien in California is generally the lesser of: 1) the reasonable value of the work; or 2) the price agreed upon in the lien claimant’s contract. But does the same measure apply if a lien defendant...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

The Lesser of Two Evils? Court Holds that Statutory Measure of Recovery Under a Mechanic’s Liens Is the Lesser of Reasonable Value...

by Matthew Henderson | Miller Starr Regalia on 4/9/2013

In Appel v. Superior Court (No. B244590, 3/11/13), California’s Second District Court of Appeal held that the proper measure of a mechanic’s lien claim is the lesser of the reasonable value of the services and materials...more