News & Analysis as of

Real Estate Development

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s...

by Pepper Hamilton LLP on

Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) - This case arose out of a housing development project, with Amberwood Development Inc....more

ULI releases “What’s Next for Westfields”

by McGuireWoods LLP on

The Urban Land Institute has released the results of an in depth analysis of the future of the Westfields Corporate Office Park in western Fairfax County. This analysis was the product of a ULI Technical Assistance Panel...more

IRS Announces Disagreement with Ninth Circuit’s Holding on Completed Contract Method of Accounting

by Miles & Stockbridge P.C. on

The IRS recently announced its disagreement with the Ninth Circuit’s ruling that, with respect to planned communities, the 95% test under the completed contract method of accounting applies on a development-wide basis rather...more

Oportunidad adicional para una mayor extensión de permisos de construcción y órdenes de desarrollo

Debido a la reciente declaración del gobernador Scott acerca del estado de emergencia por el virus del Zika, quienes cuenten con permisos y órdenes de desarrollo tienen otra oportunidad para suspender el período restante para...more

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

New York's 421-a Tax Exemption for New Residential Buildings is Back

by Holland & Knight LLP on

The New York State Legislature has passed and Gov. Andrew Cuomo has signed legislation re-establishing the 421-a Tax Exemption Program after a nearly two-year hiatus. The program, which was first put in place in the early...more

Colorado House Bill 1279 stalls over 120-day unit owner election period

by Snell & Wilmer on

With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect...more

New 421-a Legislation

The recently adopted state budget bill included the long-awaited revisions to the 421-a program. These amendments to the Real Property Law, dubbed the “Affordable New York Housing Program,” provide partial exemptions from...more

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

by Lewitt Hackman on

With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

New York State lawmakers pass final budget

by Dentons on

The weekend of April 9 saw the passage of the New York State budget after the state Assembly and Senate, respectively, closed out Saturday and Sunday legislative sessions at the state Capitol in Albany. The final passage...more

California SB 71 Could Give New Meaning—and New Construction Costs—to the Word “Sunroof”

For builders working in California—already one of the most expensive states for new construction—a new bill winding its way through the legislature could add yet more costs. For this reason, Senate Bill 71 (SB 71) should be...more

Dorsey’s Artin Betpera Advocates on Behalf of the Mortgage Industry with the California MBA at the State Capitol

by Dorsey & Whitney LLP on

It’s sure been busy at our State Capitol here in California this week. While the Legislators were furiously debating an increase in our state gas tax (already one of the highest in the nation), the California Mortgage Bankers...more

Housebuilding and planning news round-up, Spring 2017

by Dentons on

In the midst of a housing crisis, it is no surprise that housebuilding initiatives continue to dominate the UK headlines. The government's recent housing White Paper, with its array of proposals ranging from simplifying the...more

Baltimore’s Homeless Youth: The Cost of Eliminating the Low-Income Housing Tax Credit Market

by Miles & Stockbridge P.C. on

The Low-Income Housing Tax Credit (“LIHTC”) is one of the most important resources for creating affordable housing in the United States today. Created by the Tax Reform Act of 1986, the LIHTC program gives State and local...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Urban Renewal Applicability Bill Provides Certainty to Urban Renewal Community; Plus Two Other Urban Renewal Bills

On Friday, March 31, more than a year of ongoing discussions and negotiations among urban renewal stakeholders came to fruition with the introduction by Colorado State Sens. Rachel Zenziger (D – Arvada) and Beth Martinez...more

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

by Latham & Watkins LLP on

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

Planning highlights from 2016 and looking forward to 2017

by DLA Piper on

There is no way of getting away from it – housing has dominated planning changes and proposed further reform. It represents the focus running through the Government's planning reform proposals over the last year and is set to...more

Reforms to the Sale of Land Act 1970 (WA)

by DLA Piper on

Amendments to the Sale of Land Act 1970 (WA) (SLA) came into effect on 3 April 2017. - The rationale for change - The amendments, introduced by the Sale of Land Amendment Bill 2016 (WA) which was passed through...more

Time for Plan B? Amending a Planning Scheme.

by Reed Smith on

In today’s volatile markets the commercial viability of a project can change in the time it takes to implement a hard-won planning consent and even after works have begun. It may therefore be necessary to amend a scheme...more

Sustainable Development Update - March 2017 #4

by Allen Matkins on

Sustainable Development Focus - Trump wants to cut programs that help buildings save energy. This new study says they work. Washington Post - Mar 27 New research suggests that programs for improving energy...more

New Fairfax County Proffer Compliance Requirements Released

by McGuireWoods LLP on

A new initiative to provide better proffer compliance tracking has launched in Fairfax County. The initiative requires applicants to submit a standalone proffer compliance matrix beginning at the first site plan submission. ...more

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

by Holland & Knight LLP on

California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

A Common Interest Agreement May Not Be Worth the Paper It’s Written On

by Wilson Elser on

It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications. The agreements are expressions of intent that the communications will be protected by the...more

UK: AIG Europe Limited v Woodman and others

by Hogan Lovells on

Earlier this week, the Supreme Court overturned the Court of Appeal’s judgment in AIG Europe Limited v Woodman and others UKSC 2016/0100, ruling on how claims arising from similar acts or omissions in a series of related...more

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