Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses
Homebuilder Series Webinar: Joint Ventures Solutions, Steve Lear
Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session, of which 931 were signed into law.
For the design and construction industry the end of the second session, like...more
This clause defines the scope of work in a construction project and the definition varies by source. For instance, American Institute of Architects Document A201-2007 defines "Work" as "construction and services required by...more
Mechanics lien claims, payment bond claims, stop payment notice claims, delay claims, defect claims, abandonment claims . . .
With the variety of claims unique to construction projects it’s easy to forget that...more
When you think of a “franchise” you probably think of fast food restaurants, car dealerships and gas stations; not homebuilders. Nevertheless, homebuilder franchises are becoming more and more popular. ...more
No. 13-0126, Nabors Well Servs., Ltd. v. Loera -- The court of appeals had reversed this case on the ground that evidence of seatbelt nonuse was not admissible. But recently, in Nabors Well Servs., Ltd. v. Romero, the Supreme...more
The Osceola County Board of County Commissioners (BCC) voted unanimously to approve the Mobility Fee Ordinance on March 16, 2015, with an implementation date of October 1, 2015. ...more
In This E-Note:
- What Should Parties Do With Unusually Severe Weather on a Construction Project?
- Excerpt from What Should Parties Do With Unusually Severe Weather on a Construction Project?:
Some of you may recall the George and Ira Gershwin song, They Can’t Take That Away From Me made famous by Fred Astaire and Ginger Rogers in the film, Shall We Dance. A recent amendment to a mechanic’s lien statute will limit...more
“Time is money” in construction. Owners, design professionals and contractors use time to calculate the impact of lost performance. Yet delay and disruption can be commonplace in construction projects. The reasons for the...more
For three years in a row, the Arizona legislature has enacted significant changes to the Arizona state and local tax on construction activity, known as the “prime contracting” transaction privilege tax (TPT). If anything,...more
JP Cullen was the general contractor on a public renovation project. A subcontractor, EMI, hired its own subcontractors, including UCI. JP Cullen gave UCI work orders, and UCI passed those orders on to its employee, Walter...more
Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more
Earlier yesterday, the IRS released Notice 2015-25, 2015-13 IRB 1, which updates the guidance provided in Notice 2013-29, 2013-1 C.B. 1085, Notice 2013-60, 2013-2 C.B. 431, and Notice 2014-46, 2014-36 I.R.B. 520...more
Homebuilders and developers may want to consider availing themselves of opportunities arising through public-private partnerships (P3s). The Obama administration has recently proposed several creative approaches to P3s. Those...more
Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses.
This seminar discusses the case of Duggan, LLC v....more
U.W. Marx, Inc. v. Koko Contracting, Inc., No. 518611, 2015 N.Y. App. Div. LEXIS 600 (N.Y. App. Div. Jan. 22, 2015) -
The Appellate Division of the Supreme Court of New York affirmed judgment in favor of a...more
How Subs Can Cause Problems For General Contractors -
The U.S. Labor Department (DOL) often sets its sights up the food chain, focusing enforcement efforts on general contractors (GCs) for the wage violations of their...more
A constructor that argued the “mistake of fact” due diligence defence was instead found to have made a “mistake of law” and was convicted of a charge under the Occupational Health and Safety Act....more
Two bills recently introduced in the Colorado Senate propose to change Colorado’s construction defect claims process.
If passed, Senate Bill 15-177 would amend Colorado’s Common Interest Ownership Act, C.R.S. §...more
A certificate of insurance (“COI”) is a document issued by an insurer or broker that evidences the existence of insurance coverage under specific circumstances. On January 28, 2015, New York’s Governor Andrew Cuomo signed...more
Anyone who works in the construction industry knows how important it is for everybody to have the same understanding about the terms of a project, including the materials needed, deadlines to be met, and the procedure for...more
On January 27, 2015, the Court of Appeal, Second Appellate District, affirmed, in part, a hefty trial judgment against the Rio School District for improperly withholding retention funds in the case of FTR International, Inc....more
Stofer v. Shapell Industries, Inc. -
Court Of Appeal, First Appellate District (January 15, 2015) -
During the lifetime of a home, it may have many owners. This case considered a subsequent purchaser’s ability...more
Welcome to the thirteenth edition of The Construction Advantage! In this issue, we bring you cases of expanded insurance coverage in New Hampshire and fraudulent concealment cases from California and Minnesota. We hope that...more
In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) –
The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans. When the servicer for some of the...more
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