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Snell & Wilmer

Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

Snell & Wilmer on

In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of workmanship and...more

Brownstein Hyatt Farber Schreck

Managing the Impacts of Material Price Fluctuations on Construction Projects

Recent fluctuations in the prices of construction materials have threatened to wreak havoc on otherwise well-planned and well-managed construction projects. Economists and industry professionals have identified numerous...more

Allen Matkins

Sustainable Development and Land Use Update - July 2021 #5

Allen Matkins on

San Diego eviction ban survives legal challenge - The San Diego Union-Tribune – July 28 - San Diego County’s strict eviction ban has survived its first legal challenge in federal court. Unlike most of California, San...more

Jones, Skelton & Hochuli, P.L.C.

New Home Construction Cases: A Buyer Cannot Waive - and a Builder Cannot Disclaim - the Implied Warranty of Habitability Even if...

Zambrano v. M & RC II, LLC et al. - Arizona Court of Appeals - Zambrano signed a purchase agreement to buy a newly built home. The agreement provided the buyer waived, and the Builder disclaimed the implied warranty...more

Porter Hedges LLP

Texas Legislature Ends Lonergan’s Reign

Porter Hedges LLP on

Texas Senate Bill 219, which governs liability for construction defects due to flaws in design documents, goes into effect on September 1, 2021. With a few exceptions, the statute will effectively wipe out the Texas Supreme...more

Cohen Seglias Pallas Greenhall & Furman PC

The Senate Agrees on an Infrastructure Deal! What It Means for Utility, Heavy Highway, and Transportation Construction

On July 28, 2021, the Senate voted 67-32 to advance a $550 billion infrastructure package to a final vote. The vote culminates months of negotiation to draw bi-partisan support for a compromised infrastructure deal of...more

FTI Consulting

Shovel Ready - Tips to Delivering More Infrastructure Per Dollar

FTI Consulting on

[co-author: Adam Rouse] America is the wealthiest country in the world, yet it ranks 13th in overall quality of its infrastructure, according to the United States Government.1 If current proposed measures are passed,...more

Farrell Fritz, P.C.

Hampton Bays Downtown Overlay District Form Based Code Annulled for Failing to Comply with SEQRA

Farrell Fritz, P.C. on

The Town Board of the Town of Southampton adopted the Hampton Bays Downtown Overlay District (“Overlay District”) Form Based Code by Town Board resolution 2020-288 on February 25, 2020 with the support of a Supplemental...more

Saul Ewing Arnstein & Lehr LLP

INVEST in America Act Clears Senate Hurdle

On Wednesday, July 28, 2021, the INVEST in America Act (H.R. 3684) approved by the House of Representatives cleared its first hurdle in the Senate. The Senate voted 67 to 32 (with one senator absent) to proceed to debate on...more

Baker Donelson

Infrastructure Bill: Revitalizing and Rebuilding America

Baker Donelson on

Introduction - With the almost certain passage of an infrastructure bill, we are on the verge of a once-in-a-generation funding and policy shift that will have massive ramifications across numerous and diverse industries....more

Patton Sullivan Brodehl LLP

HOAs vs. ADUs

Accessory dwelling units (ADUs) have become popular during the run up in California real estate values. ADUs have been touted for several benefits, including increasing housing supply, creating affordable housing options,...more

Bilzin Sumberg

New Florida Law Increases Interest Rates for Late Payments for Certain Construction Services and Imposes Criminal Penalties for...

Bilzin Sumberg on

The 2021 Florida Senate Bill 378 became effective as of July 1, 2021, and implemented major changes for owners, municipalities, and other local government entities that pay contractors for construction services in Florida,...more

Bass, Berry & Sims PLC

Tennessee Supreme Court Clarifies Application of the Prompt Pay Act

Bass, Berry & Sims PLC on

On June 30, the Supreme Court of Tennessee issued an opinion interpreting the retainage provisions in Tennessee’s Prompt Pay Act (the Act). The opinion has significant implications for construction projects across Tennessee....more

Bryan Cave Leighton Paisner

Third time lucky: Supreme Court allows recovery of liquidated damages in Triple Point v PTT

Those you of you with an interest in construction law will no doubt have heard of the case of Triple Point v PTT, which concerned whether liquidated damages (LDs) are payable in the event of termination. The first...more

Bilzin Sumberg

Appellate Court Narrowly Interprets Subcontract’s Venue Selection Provision in Payment Bond Lawsuit Against Surety

Bilzin Sumberg on

Analysis of Southeastern Concrete Constructors, LLC v. W. Sur. Co., No. 2D20-2475, 2021 WL 2557297, (Fla. 2d DCA June 23, 2021) - One frequent consideration on the minds of those drafting construction contracts is the...more

Jones Day

Construction Lockdown: Potential Impact of COVID-19 on Construction Projects in Greater Sydney

Jones Day on

Under the latest New South Wales Public Health Order, all non-urgent work at construction sites in Greater Sydney has been paused from 12:01 a.m. on Monday 19 July until 11:59 p.m. on Friday 30 July....more

Bradley Arant Boult Cummings LLP

Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages

When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs...more

FTI Consulting

Benefits of Mobile Technology and Barcode Scanning in Capital Construction Projects

FTI Consulting on

[co-authors: Caitlin Barnett and Terence De Beer] An organization’s ability to provide and access information remotely is more important now than ever. Mobile technology, photo, and barcode scanning capabilities have...more

Allen Matkins

Sustainable Development and Land Use Update - July 2021 #4

Allen Matkins on

Pandemic-related suspension of CEQA noticing, posting, filing, and tribal consultation requirements and Brown Act meeting requirements set to expire September 30 - Allen Matkins – July 16 - On September 30, 2021,...more

Gould & Ratner LLP

IRS Notice Provides Relief for Renewable Energy Construction Projects

Gould & Ratner LLP on

As we discussed in a previous article, the renewable energy industry is experiencing record growth. President Biden’s current initiatives are also expected to provide an additional boost to accelerate future growth in clean...more

Stoel Rives -  Ahead of Schedule

A Key Battleground: Material Price Escalations and Supply Chain Disruptions

Material price escalations and supply chain disruptions are hot topics in the industry, with many clients inquiring about their rights and how these risks should be shared. Some have even questioned whether their projects...more

Seyfarth Shaw LLP

Cardinal Sin – Construction Contractor’s Alleged Failure to Abate OSHA Citations Results in Big Penalties

Seyfarth Shaw LLP on

Seyfarth Synopsis: By ignoring the terms of a settlement agreement it had with the Occupational Safety and Health Administration (“OSHA”), a New Jersey roofing contractor now faces more than $600,000 in penalties after...more

Ward and Smith, P.A.

Taking License Liberties Based on Affiliation

Ward and Smith, P.A. on

Questions regarding general contractor licensure requirements often arise among affiliated or related companies, namely, which entities are required to have a license. The issue often arises where a licensed general...more

Environmental General Counsel LLP

Draft Construction Stormwater Permit - CA SWRCB Public Hearing on Draft General Permit Reissuance

The California State Water Resources Control Board (State Water Board) will hold a virtual public hearing to receive public comments on the proposed reissuance of the Statewide Construction Stormwater General Permit....more

Hogan Lovells

Planning for beauty – revisions to the NPPF, a new Model Design Code and an Office for Place

Hogan Lovells on

They say beauty is in the eye of the beholder.  Now, for the first time since the birth of the modern planning system in 1947, it’s also enshrined expressly in policy....more

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