Consumer Protection Construction

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

Caveat Venditor (Let the Seller Beware):Consumer Protection Laws Can Have Significant Implications

A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...more

Update on California’s Green Chemistry Regulations – 3 Products in Crosshairs

California’s green chemistry law, known as “Safer Consumer Products Regulations,” is getting closer to affecting companies that do business in California. The regulations took effect on October 2013 with the goal of making...more

Developers Beware: Consumer Protection Procedures Act Strikes Again in D.C.

A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar...more

Door Opening to Allow Common Negligence Claims Against Construction Professionals

For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether...more

Bill Would Exempt Condominiums from Certain ILSFDA Requirements

On September 26, 2013, the U.S. House of Representatives passed H.R. 2600, which would exempt the sale and lease of condominium units from certain requirements of the Interstate Land Sales Full Disclosure Act (ILSFDA). The...more

LEGAL ALERT: Maryland Mold Remediation Services Act – Effective July 1, 2013

New Maryland law for contractors, effective July 1, 2013, requires that any person, company or firm that provides mold remediation services on residential property first obtain a special license prior to providing such...more

Table Saw Lawsuits Allege Injuries Caused by Lack of Adequate Safety Equipment

Despite the existence of technology that could prevent countless injuries caused by table saws, thousands of Americans suffer finger amputations, lacerations, or hospitalizations each years due to accidents caused by table...more

New Requirements for 2012 Hawaii Solar/PV Installations To Avoid 2013 Tax Treatment

2012 Residential Renewable Energy Systems Will Be Subject to 2013 Tax Credit Announcements Unless Specific Requirements Are Met. Consumers, Contractors, And Tax Practitioners Should Be Familiar With Ramifications of...more

Luu v. American Investments Real Estate Corporation

Final Order of the Virginia Board for Contractors Authorizing Payment of Claim

This is the Final Order of the Virginia Board of Contractors that rejected its own Summary which recommended denial of the claim and after hearing testimony, ultimately approved payment of the maximum statutory amount of...more

Consumer Fraud Act Counterclaim Against General Contractor Denied to Homeowner Who Used Architect as Intermediary to Manage...

In a recent unpublished opinion, Gemini Restoration Inc. v. Leone, et al., Docket No. A-6171-09T4 (August 3, 2012), New Jersey’s Appellate Division, among other things, affirmed a summary judgment order that dismissed a...more

TEXAS - Defendant's Original Answer + Affirmative Defenses

A form and template Defendant's Original Answer for use in Texas state courts....more

Consumer Fraud Claims Between Merchants In Commercial Transactions

In my prior articles I’ve reviewed the dramatic changes in the law of late, where New Jersey courts have applied the New Jersey Consumer Fraud Act (“CFA”) in any number of circumstances beyond the consumer context. Opinions...more

NJ Appellate Court Provides Guidance on When Construction Firm Owners Can Be Personally Liable for CFA Violations

Earlier this year, the New Jersey Supreme Court in Allen v. V & A Brothers, Inc., 208 N.J. 114 (2011), ruled on the question of whether officers, owners, managers and/or employees of businesses providing services to consumers...more

Green Buildings and Greener Leases

GREEN BUILDINGS AND GREENER LEASES The Environmental Background All buildings, including residential, commercial and industrial buildings have a significant impact on our environment. For example,...more

What Is In A Name? It May Not Matter As Much As You Think If You Are An Individually Licensed Contractor

The Contractor's State License Law (“CSLL”), found at Business and Professions Code sections 7000 et seq., provides a comprehensive licensing scheme that requires all contractors doing business in California to possess a...more

NJ’s High Court Adopts Rule Permitting Personal Liability under the Consumer Fraud Act on Officers, Managers, Owners and/or...

In Allen v. V & A Brothers, Inc., 2011 N.J. Lexis 697 (July 7, 2011), New Jersey’s Supreme Court issued a ruling in a hotly contested case on the issue of whether officers, owners, managers and/or employees of businesses...more

Home Construction Defects in New Jersey and the Election of Remedies

In the context of construction defect claims for new home construction, the question of whether a homebuyer can pursue legal claims in the courts as well as through a warranty program is a complicated one, and a veritable...more

Duo of Appellate Decisions Provide Guidance on the Scope and Limits of NJ's Statute of Repose

Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some much needed guidance on the scope and limitations of New Jersey’s statute of repose, N.J.S.A. § 2A:14-1.1 in the...more

Ejerskifteforsikring og tilstandsrapporter - nyeste domme/kendelser

Oversigt i summarisk form over den nyere praksis vedrørende tilstandsrapporter, bygningssagkyndiges ansvar og ejerskifteforsikringer....more

The Perils of Ignoring the CFA in the Residential Construction Context

The New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1 et seq. (“CFA”) has become a potent weapon for residential homeowners hoping to avoid payment to contractors in the residential home construction context, even where the...more

Home Improvement Disputes Under the Consumer Fraud Act - Background, Recent Case Law, and Practice Pointers

This article reviews recent New Jersey case law interpreting the Consumer Fraud Act's application to residential home improvements and new home construction and provides helpful practice tips to prosecute or defend claims...more

New Jersey Supreme Court to Decide Upon Whether Individual Officers of Construction Firm May Be Held Personally Liable for...

This blog summarizes recent developments under New Jersey law to extend the reach of the Consumer Fraud Act in residential construction to impose personal liability on company officials, and pending legislative efforts to...more

Construction Oberview: Ober|Kaler Attorneys Obtain Significant Jury Award, Including Substantial Attorney’s Fees, for Homeowner...

Ober|Kaler Construction Group principal Raymond Burke and associate Kelly Preteroti recently secured a significant jury award on behalf of the owners of a townhome in Montgomery County in a claim involving faulty construction...more

South Carolina Real Estate Litigation and Duty to Disclose Defects

South Carolina recently released the opinion below. It affirms that the balance of duties between buyer and seller remain in a real estate transaction. Olson & Good handles matters involving defective construction and real...more

Sword or Shield? The Consumer Fraud Act in Construction Litigation

The Consumer Fraud Act ("CFA") has greatly expanded from its initial focus 50-years ago into a potent weapon used by homeowners against builders and home improvement contractors. This article reviews the current state of the...more

42 Results
|
View per page
Page: of 2

Follow Consumer Protection Updates on: