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Construction Zoning, Planning & Land Use General Business

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Premises Pollution Liability Policy: Missouri Appellate Court Addresses Insurance Coverage Issue

The Missouri Court of Appeals (Eastern District) addressed in a December 19th opinion a coverage issue involving a Premises Pollution Liability Policy (“ PPL policy”). See Hazelwood Logistics Center, LLC v. Illinois Union...more

2018 California Construction Law Update

The California State Legislature introduced 2,495 bills during the first year of the 2017-2018 Legislative Session. Of these, 859 were signed into law....more

Developer-Buyer Beware: Calling Assumed Improvement Bonds In North Carolina Can Be Complex

by Womble Bond Dickinson on

In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina. Clarion received final approval from the City to record plats for Phase I section of the...more

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

by Womble Bond Dickinson on

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

Construction Contracts: When Is Industry Best Practice Not Good Enough?

by Jones Day on

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

Oportunidad adicional para extender órdenes de desarrollo y permisos de construcción

by Bilzin Sumberg on

El gobernador Scott extendió recientemente el estado de emergencia declarado en respuesta al virus del Zika, por lo que quienes cuenten con permisos u órdenes de desarrollo urbano tendrán una oportunidad aún mayor de...more

Additional Opportunity to Extend Development Orders & Building Permits

by Bilzin Sumberg on

Governor Scott recently expanded the previously declared State of Emergency issued for the Zika Virus, allowing holders of permits and development orders an even greater opportunity to toll the period remaining to exercise...more

Development Rights and Responsibility Agreements: The Give and Take of Development

by Miles & Stockbridge P.C. on

Under Maryland law, the rights of a land developer to develop property for commercial or residential uses generally do not “vest” until there is some visible, lawful, construction on the property. Of course, development of a...more

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

by Pepper Hamilton LLP on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

Public Private Partnerships: Securing Payment for Labor and Materials

by Farrell Fritz, P.C. on

What happens to contractors and subcontractors who are without lien rights when a private developer is building on public land with private money? A recent court decision clarified the parties’ rights and obligations for...more

Strict Compliance with Performance Bonds

by White & Case LLP on

Performance bonds and bank guarantees are commonly used as forms of security under construction and engineering contracts. Calling on a performance bond or bank guarantee requires, in most countries, "strict" compliance with...more

Real News - Autumn 2016

by DLA Piper on

Today the internet could not be more central to everything we do. It is a prime example of the impact of technology on our lives and the best illustration that we ignore technology at our peril. That applies to the old...more

Court rejects contractor’s mechanic’s lien because of ‘intent’

by Thompson Coburn LLP on

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as...more

Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

by Roetzel & Andress on

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review...more

Florida Development Permits Eligible for Extensions Due to Storms and Other Conditions

by Holland & Knight LLP on

In accordance with Section 252.363, Florida Statutes, when the governor declares a state of emergency in Florida, the time to exercise rights under a permit, authorization or development order is tolled and an opportunity to...more

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19408 - NPC Offices, LLC v. Kowaleski - In this case, the Supreme Court reversed the Appellate Court. The Appellate Court had agreed with the Trial Court that a driveway...more

Examining Denver’s new construction defect reform ordinance

by Snell & Wilmer on

Construction defect reform is a hot-button issue in Colorado. This is especially true along the booming Front Range, where rapidly increasing population has driven the prices of renting and buying property a mile high....more

Jordan Cove LNG Setback

In a move that surprised some industry observers, on March 11, 2016, the Federal Energy Regulatory Commission (FERC) issued an order (the “Order”) that (i) denied Jordan Cove Energy Project, L.P.’s (“Jordan Cove”) application...more

What Does the US Supreme Court Ruling Mean for Local Affordable Housing Laws?

On February 29, the US Supreme Court denied certiorari in California Building Industry Association v. City of San Jose, 61 Cal. 4th 435 (2015), and leaves standing a unanimous decision by the California Supreme Court...more

Design Liability and Right of Way Risk Allocation for Design-Build Projects

by Nossaman LLP on

Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,...more

Moratoriums Do Not Prohibit Billboard Relocations

by Nossaman LLP on

Because billboards are typically near public transit, they are routinely impacted by public projects such as street widenings, highway and freeway expansions, and grade separation projects. When impacted, billboard companies...more

Colorado Construction Monitor - Winter 2015 / 2016

by Sherman & Howard L.L.C. on

Construction activity in Denver (and throughout Colorado) remains remarkably high. Sherman & Howard's Construction Index rose to 119.15 for the quarter, which establishes a new record high for the Index. The previous high was...more

Sustainability in Retail: Going Strong and Expected to Continue

by Goulston & Storrs PC on

The COP21 meeting has been underway for the last week, with just a few more days left to go. The meeting, an annual session which started following the 1992 United Nations Framework on Climate Change, brings together...more

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