Property Improvements

News & Analysis as of

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

Illinois Supreme Court to Decide Who Pays When the General Contractor Goes Bust

Today, as we await the start of the Court’s November term, we begin our first look previews at the most recent additions to the Court’s civil docket. First up is Lake County Grading Company, LLC v. The Village of Antioch, a...more

Who’s On First? Secured Party Not a Third-Party Beneficiary Under Improvement Agreements

It’s fairly common, particularly for new developments on previously undeveloped property, for public entities to require that the developer agree to construct, install or pay for improvements such as roads, sewage, storm...more

Construction Is Complete On Much Of The Repair Regulations

On September 13, 2013, the IRS and Treasury Department released final regulations regarding the deduction and capitalization of expenditures related to tangible property. Rules were also released regarding accounting for and...more

A Cautionary Tale To Owners Of Pre-Existing Nonconforming Uses And Structures

In New Jersey, property owners have a right to maintain a use or structure that does not comply with current zoning if the use or structure is deemed to be a valid nonconformity. N.J.S.A. 40:55D-68. The right to maintain that...more

Understanding Zoning Nonconforming Uses Is No Walk In The Park, But A Mobile-Home Park May Be Treated As A Unified Use.

When Arizona municipalities adopt new zoning ordinances and regulations, existing property owners have the right to continue using their property for the use in place when the new ordinance or regulation becomes effective,...more

Do Construction Managers Need to be Licensed? A Case of Blurred Lines

Robin Thicke’s song Blurred Lines (or, perhaps, more accurately, its music video of models who appear to have forgotten to get dressed) seems to be this Summer’s anthem. Number 1 on the billboard charts, fodder for...more

Ninth Circuit Decision Creates New Tax Opportunities and Challenges in Indian Country

Since the Supreme Court’s 1973 decision in Mescalero Apache Tribe v. Jones, it has been clear that state and local tax authorities could not assess property tax on permanent improvements located on tribal trust land when...more

Why A “Lifetime” Warranty Is Only A Six Year Warranty For Contractors And Manufacturers

Most would assume that a warranty lasts for as long as the warranty’s terms. In North Carolina, a recent Court of Appeals decision has made clear that an extended warranty, absent evidence of fraudulent, willful, or wanton...more

Real Estate Tip – How to Resolve Easement Disputes

Declarations of easements covenants and restrictions and reciprocal easement agreements are common tools used by neighboring businesses to define the use and maintenance of shared spaces – from parking lots and roofline...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending July 26, 2013

I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ - Inverse Condemnation: landowner entitled to money damages from state for inverse condemnation resulting from newly enacted law restricting landowner’s use of equipment and...more

California Subdivision Map Extension Signed into Law - More Comprehensive than Prior Extensions; Sets Deadlines and Allows...

On July 11, 2013, Governor Brown signed into law AB 116, urgency legislation aimed at providing additional relief to California’s recovering housing and construction industries. AB 116, which became effective immediately,...more

Rogers Towers: Florida’s Construction Lien Act: What Kind of Work is Lienable

Sometimes it is good to review the basics. For instance, with Florida’s Construction Lien Act, it is easy to remember that alienor may obtain a lien for any unpaid “contract price” related to the permanent improvement of...more

General Conditions Not Lienable In Georgia

A 2012 Georgia Court of Appeals decision has significant implications for Georgia contractors by declaring that jobsite general conditions do not constitute improvements to real property such that they can be included in a...more

Construction Concepts Tip #5: Developer Protection Against Tenant-Improvements

Before Contracting to Lease Commercial Space, Be Sure to Protect the Property Against Potential Liens - As multiuse high-rises and commercial buildings are once again springing up in areas of Downtown, Brickell, and...more

Investing in Your Home Is an Investment for the Future

You’ve put a lot of time and money into your California home and property and you need to ensure that it retains its value over time. Your finished basement and the new in-ground swimming pool both increase the value of your...more

Ownership of Leasehold Improvements

Many commercial leases provide that other than a tenant’s own trade fixtures and merchandise, pretty well everything else that the tenant installs in the premises is considered to be a leasehold improvement. Moreover, all...more

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

Section 98 Agreements

When the Condominium Act, 1998 (the “Act”) was under development, one of the many issues the government was asked to address by condominium corporations and unit owners alike was the general prohibition of changes to the...more

Betterments and Improvements Socializing Losses for Owner Installations

It’s not often that the law expects people to insure property they neither own nor control, but the 2010 amendments to the Common Interest Ownership Act (CIOA) do exactly that by requiring most associations to insure...more

Under Construction - December 2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

Colorado Construction Law Developments in 2012

While Colorado’s General Assembly passed no significant legislation affecting construction law in 2012, the Colorado Court of Appeals handed down a number of significant rulings....more

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