Residential Real Estate Construction

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Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

Mississippi's New Construction Lien Law

On Friday, April 11, 2014, Governor Bryant signed Senate Bill 2622 and thus made that bill the new construction lien law, effective immediately, applicable to public, private and residential construction works in Mississippi....more

Sometimes the Real Fight is Before the Fight

One of the things I learned while lobbying in Washington, D.C. is the importance of the House Rules Committee. The Rules Committee, as its name suggests, sets the rules. Specifically, the scheduling of bills, the allotted...more

Indiana: New Home Warranties Must Be Insured

When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the...more

Insurance Recovery Law

Suit Alleging Drug Distributor Was a “Pill Mill” Requires Defense - Why it matters: A Kentucky federal court held that the claimed impact in a suit brought by the West Virginia Attorney General – alleging that...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

The Registrar is Changing the Game for Complaints Against Arizona Contractors

Sweeping changes at the Registrar of Contractors have the construction and real estate industries concerned and curious. The Registrar recently received some poor performance reports by the Auditor General and State...more

Cities Alive: The Future of Green Infrastructure

If you follow the construction industry you know that green is the new gold. As well as LEED bronze, silver and platinum. Green building, which not long ago conjured images of hippie architects and wealthy eccentrics,...more

The Condominium Form Of Ownership

In Alabama, contractors and subcontractors performing work involving common elements of the condominium at the request and direction of a condominium association should be aware of unique laws applicable to their lien rights...more

Establishing A Property’s Tax Valuation – Earlier is Better

Few developers think of spending precious time and resources on working with a municipality to determine the appropriate property tax valuation method and an estimated preliminary value of a real estate project during the...more

Construction Law Alert: Long Term Express Warranties

A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the...more

Builders Beware! You Cannot Hide Behind SB 800!

In Burch v Superior Court (Premier Homes et al.) 2014 DJDAR 1991 (decided February 19, 2014) plaintiff Burch, a Pacific Palisades homeowner, sued defendants Premier Homes, the developer, and Custom Home Builders, the general...more

Rumble in the Construction Defect Jungle

Lately, reading the advance sheets of construction defect cases has been like watching one of the Rocky movies. There’s the punches (owww!). Then there’s the counter-punches (ohhh!). And on and on it goes with blow meeting...more

California’s New Building Energy Efficiency Standards to Go Into Effect July 1, 2014

California builders should be aware of a new set of energy efficiency standards set to go into effect on July 1, 2014. The California Energy Commission’s Energy Efficiency Standards (Standards) were promulgated in 1977 to...more

EPA Approves the New Phase I Standard

Many in the construction industry are familiar with Phase I testing as the first step in identifying environmental risk to any site. Since 2005, the industry standard for a Phase I has been the ASTM E 1527-05. Recently,...more

Green Law Corner: What LEED v4 Means for You

In late 2013, the U.S. Green Building Council released its latest version of LEED, Version 4. Most of you have certainly heard of LEED but you may not know what LEED really means. LEED stands for Leadership in Energy and...more

And So it Begins . . .

This past year I wrote about a case that caused an uproar in the homebuilding industry - Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, 219 Cal.App.4th 98 (August 28, 2013) – in which the California Court of...more

Beyond Real Estate: Publicly Traded Homebuilders (And Other Public Companies) Must be Aware of Cybersecurity and Data Breach...

Generally speaking, publicly traded homebuilders and other public companies must disclose material information in their SEC filings. “Information is considered material if there is a substantial likelihood that a reasonable...more

Minnesota Court of Appeals Defines Substantial Completion Under Statute of Repose

On March 10, 2014, the Minnesota Court of Appeals issued its decision in Rosso v. Hallmark Homes of Minneapolis, Inc., No. A13-1304. The Court’s decision clarifies that Minnesota’s ten-year statute of repose for construction...more

Homebuilders Target Active Baby Boomers

As the post-war babies of the 1940s, ’50s, and ’60s move past middle age and into their golden years, marketing to Baby Boomers is becoming a booming business....more

Construction and Land Use Newsletter - March 2014

Please see full newsletter below for more information. - Lorton Landfill Dispute Nearing Board of Supervisors’ Review - I Know My (Vested) Rights! Developing a Project in a Changing Climate - Excerpt from...more

Leading Markets Index Shows 59 Metro Areas At Or Above Normal Levels In March

On March 6th, the National Association of Home Builders (NAHB) released its Leading Market Index (LMI). The report indicates that out of 350 metro areas evaluated across the country, 59 housing markets have returned to or...more

Tower Lane Properties v. City of Los Angeles: JMBM Prevails in Published Court of Appeal Opinion Holding that a City's Erroneous...

JMBM has prevailed in the Court of Appeal on behalf of its client in a well-publicized and hotly-contested development project in the City of Los Angeles. The court's published opinion will come as welcome relief to property...more

LIFE-CYCLE: A legal guide to developing, investing in and managing buildings sustainably (Global)

Real estate is a major consumer of resources. Everyone needs a place to live and work and we use real estate for that purpose. Modern life means that energy and other resources will be consumed in the development and...more

Japanese Homebuilder Eyes Big Investment In U.S. Rental Housing Market

Earlier this week, Japan’s biggest homebuilder by market value, Daiwa House Industry Co., announced its plan to invest ¥ 150 billion ($1.5 billion) in the U.S. rental housing market by 2016. The amount of this new investment...more

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