Real Estate Development

News & Analysis as of

California Court of Appeal allows construction defect class action to proceed against homebuilders

In an unpublished decision on August 19, the California Court of Appeal, Fourth District, reinstated a class action asserting construction defect claims against a nationwide homebuilder. The case is located at 2015 WL...more

Saudi Arabia update - August 2015

Legal Developments - Expatriate Workers Restricted from Certain Job Categories - As part of Saudi Arabia’s ongoing Saudization campaign, the Ministry of Labor (MoL) identified this month 19 jobs that are restricted...more

Commercial Construction in the Golden State is Looking Pretty Golden

If the $2.1 trillion erased from the U.S. stock market over the last week has you white knuckled, you might consider commercial construction in the Golden State, where things are looking . . . well . . . pretty golden....more

SEC Files Another Fraud Action Based on EB-5 Program

The EB-5 program is supposed to provide a path to a permanent green card. The program was designed to create that path for foreign national who invest specified sums in the U.S. that create jobs – a win win for everyone....more

A Case of Caution: the Effect of Redevelopment on Existing Mall Leases

In a follow up to our other posts regarding the White Flint Mall redevelopment, the jury has reached a verdict. Until recently, White Flint Mall in Bethesda, Maryland was a prime example of retail mall success. However, as...more

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a...more

Tax Increment Financing Implementation Changes Coming Soon

As many of you who are involved in developing projects in urban renewal or downtown development areas know, the principal method for financing such projects is tax increment financing (TIF). Tax increment financing is...more

As MassPort Boss Reminds Us, Boston Wouldn't Be The Hub without Fishing, Seafood

Tom Glynn was careful to describe Boston’s hottest new neighborhood as the South Boston Waterfront in an op-ed piece he wrote for the Boston Globe the other day. You would expect nothing different from the CEO of the...more

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more

Section 1031 Exchanges: Innovative Strategies and Issues

This webinar addresses the requirements for 1031 Exchanges, the various types of 1031 Exchanges, and issues involving 1031 Exchanges in partnerships, limited liability companies and tenant-in-common situations. Please...more

Winn Everett's Environmental Virtues Are Yin to the Yang of Casino Profits

The site in Everett where Steve Winn wants to build a resort/destination casino at a cost of more than a billion dollars has got to be the most run-down, contaminated, crummy looking oceanfront properties in Greater Boston. ...more

Trends in Urban Grocery Store Development in Washington, D.C.

Continuing our coverage of trends in urban grocery store development, this post examines recent and ongoing activity in Washington, D.C., which is a leader in grocery-anchored, mixed-use redevelopment projects. It’s not...more

CEQA Litigation Abuses Documented By New Empirical Study Of Recent Case Filings

A 138-page report, including 371 footnotes and a 30-page appendix listing all properly documented CEQA lawsuits filed in California over its 3-year study period (2010-2012), has been posted by its authors, Holland & Knight...more

Fishers Revises List of Permitted Building Materials for Commercial/Industrial Buildings

The City of Fishers approved this week amendments to the City’s Unified Development Ordinance that added four new permitted exterior building materials to its list of permitted exterior materials for commercial and industrial...more

U.S. Visa Categories Leave Entrepreneurs Few Options

Many of Julie Ferguson’s immigration law clients are entrepreneurs seeking to launch startups in the United States. They come from all over the world, but Ms. Ferguson, who practices in Miami, sees especially high numbers...more

“No Build” Condition On Shopping Center Property Is Compensable Regulatory Taking

The Court of Appeal has squarely held that a prohibition on development of a portion of a shopping center project site, in order to “bank” that property for possible future acquisition, was a temporary taking. (Jefferson...more

Homebuilders Do Not Owe a Duty of Care to Non-Original Homeowners

Recently, the Arizona Court of Appeals answered another lingering question of paramount importance to the construction industry – whether homebuilders and other construction industry professionals may be indefinitely subject...more

Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those...more

U.S. Supreme Court to Hear Banking Case on October 5

On July 29, 2015, the United States Supreme Court announced that it will hear argument in Hawkins. v. Community Bank of Raymore on October 5, 2015. Lathrop & Gage LLP client Community Bank of Raymore (CBR) is represented by...more

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

Chicago Mayor Proposes Ordinance to Increase Transit-Oriented Development Near CTA, Metra Stops: 5 Key Changes, 2 Open Issues

Chicago Mayor Rahm Emanuel has introduced an ordinance to the City Council that would put in place key changes to the zoning ordinance’s transit-oriented development (TOD) provisions. The following summarizes five of the...more

Major Changes to District of Columbia Zoning Regulations

Effective in early 2016, the District of Columbia Zoning Commission will adopt a major overhaul of the zoning regulations. Although the overhaul is intended to simplify and update the 1958 zoning regulations, the new...more

(UK) UK Government Policy Reversal on Small Developments Affordable Housing and the Vacant Building Credit

The recently introduced vacant building credit, and policy exemption for small developments from affordable housing contributions have been swiftly removed from national planning guidance this morning following a High Court...more

Abu Dhabi Global Markets: New Regulations: Strata

The ADGM Strata Title Regulations 2015 (the “Strata Regulations”) introduce a set of strata specific laws which deal with the stratification of real estate interests situated within the Abu Dhabi Global Market (“ADGM”), which...more

Los hostales toman el poder: Primera parte

En nuestro blog Nuevo Miami solemos destacar el rol que cumple Miami como uno de los mercados que marca tendencia para el sector hotelero. Durante los últimos años, Miami fue un popular punto de partida para marcas lujosas,...more

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