News & Analysis as of

Condominiums Appeals Construction Industry

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

White & Case LLP on

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Conn Kavanaugh

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

Conn Kavanaugh on

As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

Stoel Rives -  Ahead of Schedule

Recent Washington Court Decision Examines Whether Lien Claim on Condominium Unit Was Frivolous (Subject to Release) or Excessive...

On February 11, 2019, Division One of the Washington Court of Appeals issued an opinion in the case of Woodley v. Style Corp. d/b/a Servpro of Shoreline/Woodinville, No. 77352-6-I (Wash. Ct. App. Feb. 11, 2019). The case...more

Troutman Pepper

Applying Florida’s “Eight Corners Rule,” Eleventh Circuit Finds that Insurer Has a Duty to Defend Claim That Insured’s Faulty...

Troutman Pepper on

Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017) - The owner of a high-rise condominium building in Florida hired a contractor to replace the building’s concrete...more

Goulston & Storrs PC

Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC

Goulston & Storrs PC on

In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the...more

Holland & Knight LLP

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

Holland & Knight LLP on

The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

Snell & Wilmer

Vendees' Liens—Construction Lenders Beware!

Snell & Wilmer on

A recent Arizona Court of Appeals decision highlights a lien priority risk for secured construction lenders when the financed project fails. The problem—known as a “vendee lien”—is most likely to arise when up-front deposits...more

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