Construction Residential Real Estate

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Construction Defect – Strict Compliance with Right to Repair Response Deadline Required

A residential builder must assert insufficiency of claimant’s notice within 14 days under the California Right to Repair Act also known as SB 800. William Blanchette, et al. v. The Superior Court of Imperial...more

Property Acquisition: Five Signs of Trouble Ahead

As much as public agencies want infrastructure projects to go smoothly, they rarely do. Even when a project is seemingly rolling along through right of way acquisition, there are still hurdles that inevitably impact budgets...more

New North Carolina Sales Tax Provisions for Contracts Related to Real Property

This alert is relevant for contractors who perform construction services on real property in the state of North Carolina. In South Carolina, contractors remain subject to the traditional sales or use tax at the time of all...more

The Construction Industry Scheme: Change in the air?

What does real estate investment have to do with the problem of tax evasion made possible by cash-in-hand payments in the building industry? Very little, one might suspect, but that has not prevented real estate investors...more

Construction Defect – Application of the Right to Repair Statute to Material Suppliers

The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. - California Court of Appeals, Fourth Appellate...more

Inclusionary Housing Recommendations a Mixed Bag for Developers

The City is one step closer to sorting out inclusionary housing requirements and local implementation of the State Density Bonus law now that the City Controller has released its final recommendations to the Board of...more

Bills Proposed in Maryland General Assembly to Limit Restrictions Imposed By Condominium Developers on the Ability of the Council...

Proposed legislation now pending in the Maryland General Assembly would prevent condominium developers from limiting the ability of the council of unit owners and individual unit owners to bring construction defect claims for...more

California Court Holds Continuous Progressive Injury Exclusion Applicable to Construction Defect Claim

In its recent decision in Saarman Construction, Ltd. v. Ironshore Specialty Ins. Co., 2017 U.S. Dist. LEXIS 13633 (N.D. Cal. Jan 31, 2017), the United States District Court for the Northern District of California had occasion...more

Wisconsin Supreme Court Clarifies Required Assessment Methodology for Section 42 Housing

Regency West concerned the 2012 and 2013 assessments of a newly constructed 72-unit Section 42 housing development. For 2012 (the first tax year following completion of construction), the city assessed the property at...more

HS2: chugging towards its final destination

The government has now issued its formal response to the House of Lords’ special report on the hybrid bill for HS2, issued in December.  Whilst much of this relates to specific petitioners it also includes some important...more

Can Zoning Stop Property Owners from Renting?

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

Maryland Federal Court Approves Residential Sales Contract Provision Creating a One-Year Period of Limitations

In Daniels v. NVR, Inc., t/a Ryan Homes, the United States District Court for the District of Maryland upheld the validity of a contractual provision in a residential home purchase agreement that reduced the normal period of...more

Picerne Construction Corp. v. Castellino Villas (Feb. 18, 2016, C071197)

The Third District Court of Appeal recently held that completion under the mechanics lien statute requires actual completion of the work of improvement, meaning completion of the entire structure or scheme of improvement as a...more

West Coast Real Estate Update: January 2017 #2

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges?

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In...more

La comisión del condado de Miami-Dade aprueba ordenanza de viviendas para trabajadores impulsadas a través de incentivos

El 20 de diciembre de 2016, la Junta de Comisionados del Condado de Miami-Dade aprobó una ordenanza propuesta por la comisionada Barbara Jordan que dará incentivos a constructores para que ofrezcan unidades de vivienda a...more

Developers take note: What you need to know about proposed changes to the Environmental Planning and Assessment Act 1979

After his predecessor failed to push through a whole new Planning Act in 2013, the current Planning Minister, Rob Stokes, appears to have accepted that he is stuck with the ageing Environmental Planning and Assessment Act...more

Miami-Dade County Commission Approves Incentive-Driven Workforce Housing Ordinance

On December 20, 2016, the Miami-Dade County Board of County Commissioners approved an Ordinance proposed by Commissioner Barbara Jordan that provides incentives for builders to offer workforce housing units in new...more

West Coast Real Estate Update: January 2017

Proposed Landmark Rules Could Make LA Redevelopment More Difficult - Los Angeles City Council Member Jose Huizar has proposed a new set of rules that could make it more difficult for owners of historic properties in Los...more

New Developments, New Fees: Orlando Residential Developments Face Park Impact Fees

Effective March 1, 2017, Park Impact Fees will be assessed on new residential permits issued throughout the City of Orlando. The fees are as follows...more

Too much, too fast, too soon: Stakeholders react to the Government of Ontario's coordinated review of the provincial plans

During the first quarter of 2015, the Government of Ontario (the Province) initiated a coordinated 10-year review of Ontario’s four land use plans (the Coordinated Review): (1) the Growth Plan for the Greater Golden Horseshoe...more

Coverage to Rebuild a Foundation to Comply with Changed Building Codes Following a Fire are Subject to Code-Upgrade Endorsement’s...

Does the efficient proximate cause rule serve to afford coverage for the additional costs to rebuild the foundation of a home in compliance with changed building code requirements beyond the sublimit of liability of an...more

HUD Issues New Broadband Mandates

As most prepared for the holiday season, the U.S. Department of Housing and Urban Development converted two broadband mandate proposals into orders and published them in the Federal Register. “Narrowing the Digital Divide...more

The Risks of Suspension under Construction Contracts

Two recent cases from Australia and Hong Kong highlight the serious dangers of a wrongful suspension of works under a construction contract. Wrongful suspension may ultimately lead to the termination of a contract, and...more

Risks of BIM

When building information modeling (BIM) technology first gained widespread use, commentators warned of new legal risks posed by the information sharing and collaboration essential to the process. Contractors and designers...more

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