Government Contracting Residential Real Estate

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Issues for overseas companies relating to UK land and UK government work

Recent government proposals will affect overseas companies that own UK land and that bid for UK government contracts. On 12 May 2016, the UK's Prime Minister, David Cameron, announced plans to introduce a public register...more

North Carolina General Assembly Makes Public-Private Development Agreements More Available And Attractive

Before 2005, North Carolina's laws on vested rights offered developers some protection, but not enough, for the large, multi-phased, multi-year, mixed use developments that are becoming the norm. Developers and their lenders...more

Will the DOJ Kill FHA Loans Through Their Use of the False Claims Act?

The purpose of the Federal Housing Administration (FHA) is "to help creditworthy low income and first time homebuyers, individuals and families often denied traditional credit, to obtain a mortgage and purchase a home." This...more

The Glass Is Half Full – Proceed With Cautious Optimism

Last month, the New England Real Estate Journal published an article by Rebecca Nolan touting an awakening of growth in the Connecticut region. In her article, Ms. Nolan reminds us that our Yankee perseverance has seen us...more

Relators Recover Over $1 Billion in Non-Intervened Cases in Fiscal Year 2015

In fiscal year 2015, more than $1 Billion of the Government’s False Claims Act (FCA) recovery was derived from cases in which the Government declined to intervene. This significant recovery far exceeds the typical, annual...more

Sixth Circuit Affirms Dismissal of $2.3 Billion FCA Case Due to Prior Public Disclosure

Last week, in U.S. ex rel. Advocates for Basic Legal Equality, Inc. (ABLE) v. U.S. Bank, the Sixth Circuit affirmed the dismissal of a False Claims Act (FCA) suit against U.S. Bank because the conduct alleged by the qui tam...more

Accutest Laboratories New England Notifies Clients of Potential Data Concerns

Notification of potential data quality issues by a Massachusetts laboratory is raising concerns about the possible impact on current and closed remediation sites in Massachusetts that relied on that data. Accutest...more

Ninth Circuit holds that Fannie Mae and Freddie Mac are not officers, employees, or agents of the United States under 31 U.S.C. §...

On February 22, the Ninth Circuit affirmed the dismissal of an FCA claim brought by relators alleging that various lenders and loan servicers made false certifications to Fannie Mae and Freddie Mac, concluding that claims...more

Ninth Circuit Rejects Whistleblower Argument that Fannie Mae and Freddie Mac are Federal Instrumentalities under the False Claims...

Liability under the False Claims Act (FCA) is premised on the submission of a claim for money or property either to a federal government “officer, employee, or agent” or, under certain circumstances, to a nongovernmental...more

Freddie Mac and Fannie Mae Not Considered Government Agents Under the FCA

In United States ex rel. Adams v. Aurora Loan Servs., Inc., 2016 WL 697771, — F.3d —- (9th Cir. Feb. 22, 2016), the Ninth Circuit found that Fannie Mae and Freddie Mac were not government entities for purposes of the False...more

Construction news round-up

Our construction news round-up covers a range of regulatory, industry and contractual issues that affect UK construction businesses....more

CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

A School Facilities Bond For 2016: Good News For Everyone

Over the last 15 years, California’s population has grown by approximately 5 million people—the same number filling the entire state of Colorado. This influx has created a housing shortage that the California market has...more

When Government Walks in Industry’s Shoes, FCA May Not Apply (and Vice Versa)

In November, an Illinois federal judge blocked a former bank employee from collecting his claimed relator’s share of a potential settlement between the FDIC (acting as the bank’s receiver) and the bank’s former directors. In...more

Public Owners Held to Warrant Accuracy of Plans to Construction Managers

A recent Massachusetts Supreme Judicial Court decision clarified that public owners on construction management projects impliedly warrant the accuracy of plans and specifications to construction managers. The case, Coghlin...more

PBV Selection Issues: Previous Competition and PHA-Owned Units

Two of the most troublesome aspects of selecting project-based voucher proposals have been selection based on previous competition and selection of public housing agency-owned units. Originally published in the...more

Under Construction - June 2015

Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

Proposed Extensions for Boston's Expiring Urban Renewal Plans

The Boston Redevelopment Authority (BRA) is considering 10-year extensions for 14 urban renewal plans, originally adopted in the 1960s and early 1970s, that cover approximately 10% of Boston’s land area. If the proposed...more

Weekly Update Newsletter - May 2015 #5

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Proposed Rule to Amend FAR: Contractors Performing Private Security Functions - The Department of Defense (DoD), General Services Administration (GSA), and...more

Can A Law Firm Qualify As An Original Source?

Although a Federal district court refrained from providing a definitive answer to this question, it appears unlikely given the court’s holding and reasoning in United States v. U.S. Bank, N.A., No. 3:13-cv-704, 2015 WL...more

It Ain’t Over Till it’s Over. Why Project Completion in California Isn’t as Straightforward as You Think

Why “Completion” is Important in California - In California, project “completion,” is important not only for getting paid, but for also understanding the deadlines associated with California’s statutory construction...more

Quicken Loans Takes on the DOJ & HUD

Quicken Loans, the nation’s largest Federal Housing Administration (FHA)-backed mortgage lender, filed suit on Friday, April 17 in the United States District Court in Detroit against the United States Department of Justice...more

Congress hears testimony on Public-Private Partnerships in affordable housing

Would private developers build affordable housing if there were no government subsidies? Rep. Mike Capuano (D-MA) and his colleagues explored that question and other topics during a House Financial Service Subcommittee...more

Broad-Based Expansion for the Construction Industry Expected in 2015 - Construction Practice Newsletter

According to USA Today, construction hiring is surging and is at a nine-year high. And if you look around, the evidence of that seems to be in abundance, as billboards advertising idyllic residential communities seem to be...more

HUD Issues Notice to Update Section 3 Regulations

The U.S. Department of Housing and Urban Development (HUD) recently published a notice that updates the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development...more

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