Real Estate Development

News & Analysis as of

CA Supreme Court Provides Key CEQA Guidance Regarding Categorical Exemptions

The California Supreme Court issued a long-awaited ruling regarding categorical exemptions under the California Environmental Quality Act (CEQA) reversing a court of appeal decision that would have sharply curtailed the use...more

CEQA Alert: California Supreme Court Issues Long-Awaited Guidance on the “Unusual Circumstances” Exception to CEQA’s Categorical...

In its March 2 decision in Berkeley Hillside Preservation v. City of Berkeley (SC Case No. S201116), the California Supreme Court provides critical guidance to CEQA lead agencies and practitioners regarding the proper...more

Development Trend to Circumvent CEQA Through Ballot Initiative Emphasizes Need for Reform

The Los Angeles Times recently reported that proposed football stadium developers have chosen to incur the cost of collecting signatures to qualify an initiative for the ballot to obtain land use approvals rather than face...more

California Supreme Court Upholds Most Commonly Used CEQA Categorical Exemptions

The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court’s decision clears up some of the ambiguity that surrounded the...more

Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development

Today, the California Supreme Court issued the highly anticipated CEQA decision: Berkeley Hillside Preservation v. City of Berkeley. The case addresses whether the "unusual circumstances" exception to CEQA's categorical...more

The Impact is Being Felt

The University of Miami held its fourth annual Real Estate Impact Conference on February 18th at the JW Marriott Marquis Miami in Downtown Miami. In front of a standing room only crowd of approximately 600 people, both local...more

Bernstein Shur Business and Commercial Litigation Newsletter #49

We are pleased to present the 49th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address patent infringement claims, erroneous termination of security...more

The Danger of Settling Disputes: Novation

Resolving business disputes before filing a lawsuit is efficient, cost effective – and sometimes dangerous. At least that’s what an architect learned when he tried to settle a pay dispute with the owner of a luxury...more

Is Your Liquidated Damages Provision Sufficient to Make You Whole?

The obvious purpose of a liquidated damages provision is to make your client whole in the event that your business partner breaches the agreement. Nevertheless, K.G.M. Custom Homes. v. Prosky highlights that simply having a...more

How the Real Estate Industry Can Use the R&D Tax Credit

When most people think of the research and development (R&D) tax credit, they think of manufacturing. However, other industries can also benefit from this credit. In my August 5th post, we discussed the basics of the R&D...more

Failure to Describe Project Changes Results in 180-Day Statute of Limitations for CEQA Challenge (Ventura Foothills Neighbors v....

Why it matters: When a project’s subsequent CEQA documents fail to clearly provide public notice of material changes to a project, CEQA’s short statutes of limitation may not apply....more

Fourth District Reverses Lower Court Ruling in Construction Defect Litigation

On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586. The case is significant in...more

Bank of Delmarva v. South Shore Ventures, LLC, Del. Super., C.A. No. S13C-05-008 THG (Oct. 21, 2014)

The Superior Court granted the Bank of Delmarva’s (“Bank”) motion for summary judgment as to each of Defendant John E. O’Brien’s (“Defendant”) counterclaims. In 2005, Defendant along with South Shore Ventures, LLC (“Shore”)...more

Prepayment of tax-exempt bonds in connection with the sale of a multifamily housing project

In the last few years, we have seen an increase in the number of multifamily housing projects being sold at the completion of the 15-year low-income housing tax credit compliance period. Strong rental demand in many areas of...more

How CEQA’s Administrative Record Preparation Process Could Be Reformed By Eliminating CEQA Petitioners’ Statutory Option To...

I recently analyzed proposed legislation (SB 122) seeking to create an alternative procedure for preparation of the CEQA administrative record concurrently with administrative proceedings on a project and prior to any...more

California Land Use Lawyer: Will We See CEQA Reform In 2015?

In terms of land use regulations that have far-reaching effects on development in California, the application - or misapplication - of the California Environmental Quality Act (CEQA) is near the top of the list. CEQA, when...more

Construction and Engineering Alert: CDM 2015 - The Biggest Health And Safety Change For Construction In A Decade

The Construction (Design and Management) Regulations 2015 have finally been laid before Parliament and will come into force on Easter Monday 6 April. The new regulations ("CDM 2015") need to be on your radar if you are...more

When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor

Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor of the Money and Dirt Blog, where I focus on issues relating to...more

Allen Matkins/UCLA Anderson Forecast Winter/Spring 2015: Southern California Primed for Commercial Real Estate Surge [Video]

http://www.allenmatkins.com/ucla While Southern California has been slower to respond to the Great Recession than Northern California, Southern California is now hitting its stride. Developers across asset types agree that...more

Allen Matkins/UCLA Anderson Forecast Winter/Spring 2015: No Signs of Slow Down in California's Office Real Estate Market  [Video]

http://www.allenmatkins.com/ucla In comparison to the last survey, conducted in May 2014, Southern California developers now are more bullish on the office real estate market than in previous years. Forty-seven percent of...more

Floating or Fixed Rates: Considerations in Choosing a Commercial Real Estate Mortgage

When financing a commercial real estate purchase, the devil finds its way into the details in surprising ways. One of the details that can provide a fair amount of headache for developers and investors is the decision to...more

A Prescription for Large Development Projects in 2015: Perseverance!

Large development projects are not for the faint of heart. They test a multitude of resources, including patience, economic capital, the ability to compromise, acumen, creativity, and probably most of all, one’s sanity. There...more

Getting the house in order: The early stages of a LIHTC workout

Note: This post is part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects....more

P3 Hub South Live Blogging – Join the Conversation

Bilzin Sumberg, in partnership with P3 Bulletin, is proud to host P3 Hub South, a two-day conference bringing together top national and international players in the public sector, including U.S. government agency officials,...more

Construction Defects – Right to Jury Trial on Factual Issues Necessary to Determine Whether a Construction Defect Cause of Action...

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

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