Real Estate Development

News & Analysis as of

N.C. Supreme Court Issues Significant Ruling On Commercial Forbearance Agreements and Spousal Guaranties

On August 20, 2014, the North Carolina Supreme Court issued an opinion giving great weight to properly-drafted forbearance agreements in a commercial loan and guaranty context. RL REGI N.C., LLC v. Lighthouse Cove, LLC, No....more

New flexibility for repayment of Maryland DHCD Ffinancing

The Maryland Department of Housing and Community Development (DHCD) has announced a new program to help developers resolve an issue that comes up in many if not most affordable housing deals in Maryland – how will available...more

U.S. District Court in Kentucky Holds that Contractor Which Proposed Design Solution During Construction Might Be Liable for...

American Towers LLC v. BPI, Inc., 2014 U.S. Dist. LEXIS 106724 (E.D. Ky. Aug. 4, 2014) - American Towers LLC (“American Towers”), which operates wireless and broadcast communications towers, undertook a project to...more

California Urban Housing Market Plagued by Higher Rents, Lower Wages, and CEQA

The economic and social impacts of the California Environmental Quality Act are significant enough that the worldwide publication, The Economist, recently reported that the law’s liberal standing requirements “allow[ing]...more

D.C. Office of Planning Takes a Stand Against Pop-Ups With New Zoning Text Amendment

Sustained population growth in the District of Columbia in recent years has spurred a rapid wave of construction throughout the city as upscale condominium projects appear to spring up almost overnight to meet growing demand...more

Water, Water, Everywhere

Despite the lingering effects of the Great Recession on real estate, residential infill development is a popular model in Northern Virginia for the residential developer. With infill development, a developer will typically...more

California Environmental Law and Policy Update - August 2014 #7

Environmental and Policy Focus - Former inspector calls for state's last nuclear plant to be closed: Los Angeles Times - Aug 25 -- A former federal inspector has urged regulators to shut down California's last...more

Miami’s Future Archipelago of Floating Houses

A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more

Sixth Circuit Finds Excess Carrier Had Duty to Indemnify Insured for Property Damage Arising From Alleged Misrepresentations and...

In a decisively pro-policyholder decision issued by the United States Court of Appeals for the Sixth Circuit in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., Nos. 13-3832, 13-3837 (6th Cir. July 15, 2014), the court...more

Colorado Construction Monitor - Summer 2014

In this Issue: - Denver’s construction activity approaching historic peak of 2007 - Market Update - Condominium Construction Defects Legislation Introduced - Whether for Cause or Convenience,...more

Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd – more claims against building practitioners?

On 6 August 2014, the Victorian Court of Appeal handed its decision in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165. The decision clarified the operation of limitation periods in...more

Caveat Venditor (Let the Seller Beware):Consumer Protection Laws Can Have Significant Implications

A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...more

Foreign Investors Still Stimulating Miami’s Real Estate Boom

Miami, once the poster child for the recent housing bubble and subsequent crash, now has the strongest housing market in the U.S. and is one of the exclusive high-end real estate “export” economies in the world. This...more

Architects and Design Professionals Can Be Held Liable for Defects Based On Third Party Claims

A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of...more

Condo Hotel Branding: Benefits and New Risks with Rule 506(c) - Condo Hotel Projects Sold as Exempt Securities Require Informed...

Condominium hotels are a subject of renewed interest, buoyed by the rising tide for real estate generally. These projects are also encouraged by favorable trends for financing under the SEC's new Rule 506(c) that allows...more

Get to Know a NMTC Housing Deal

Welcome back to the latest installment of “Get to Know a NMTC Housing Deal,” where we find ourselves in Baltimore, Maryland featuring the efforts of a local and national cast of participants to rehabilitate nearly 90 acres in...more

California Environmental Law and Policy Update - August 2014 #4

Environmental and Policy Focus - State Lands Commission files suit to overturn S.F.'s Prop. B: SFGate.com - Jul 15: The State Lands Commission filed suit Tuesday to overturn San Francisco's voter-approved limits on...more

Hotel development & EB-5 financing: Why you don’t want to form your own regional center

How should hotel developers go after EB-5 financing? Although the EB-5 immigrant visa program has been around since 1990, the current trend of using this as a source of financing for hotel development began only three...more

Estopping the “Revolving Door” CEQA/Land Use Plaintiff: Roberson v. City of Rialto Holds Different Plaintiffs Litigating To...

In a decision ordered published on June 17, 2014, nearly a month after it was originally filed, the Fourth District Court of Appeal addressed a key element of the related doctrines of res judicata and collateral estoppel –...more

How to win the race for EB-5 capital: Obtaining “preferred” status for developers and projects

What does it mean to establish “preferred” status? What does it take? The preferred status of a developer and project with respect to EB-5 financing has certain elements are more or less inherent in the project and...more

Warning: A Builder Who Rejects Assigned Counsel May Jeopardize Insurance Coverage

For many reasons, developers and builders in a construction defect lawsuit want to pick their own counsel to defend them. For instance, they have a good working relationship with the counsel, counsel did well in another case...more

Rent Constant Pricing in Build-to-Suit Transactions

A build-to-suit (BTS) project often puts the corporate real estate department in a challenging position. The project must conform to an approved budget, while also facing a very tight schedule with a series of milestones that...more

Atlantic Crossing: Delray Beach Gets a Makeover

The City of Delray Beach, Florida has experienced a dramatic rebirth of its downtown inner core within the last decade. Restaurants, jazz clubs, art galleries and specialty retail provides the genesis for this exciting area...more

Does The EPA Have A Thing Against Building Energy Codes?

What if there was a technology that had a 20 year track record of saving 4.8 quads of energy and 41 million tons of carbon, while saving consumers more than $44 billion over the past 20 years, and was anticipated to save...more

Allen Matkins/UCLA Anderson Forecast Survey Predicts Real Estate Market [Video]

The Allen Matkins/UCLA Anderson Commercial Real Estate Forecast Survey is a survey of California real estate developers and their sentiment towards development over the next three years. Study surveys commercial...more

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