News & Analysis as of

Building Codes

Court Defers To City’s Interpretation Of The Building Code

by Perkins Coie on

A city’s interpretation of the building code is entitled to significant deference in light of the city’s expertise regarding land-use determinations. Harrington v. City of Davis, 16 Cal. App. 5th 420 (2017)....more

Trendy Building Material May Cause Future Problems

We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured...more

Federal Court Holds That, Under Louisiana Law, a Contractor Need Not Show a Total Work Stoppage to Recover Extended Home Office...

by Pepper Hamilton LLP on

Team Contrs., L.L.C. v. Waypoint NOLA, L.L.C., No. 16-1131, 2017 U.S. Dist. LEXIS 162172 (E.D. La. Oct. 2, 2017) - Waypoint NOLA (“Waypoint”) was the owner of a hotel construction project in New Orleans (the “Project”). ...more

Appellate Term Reverses Village Of Port Jefferson Illegal Rental Permit Convictiions

by Farrell Fritz, P.C. on

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. This week, we thought a recent “criminal” case decided by the Supreme Court, Appellate Term, Second...more

Current Issues for Higher Education Real Estate Lawyers

by Bowditch & Dewey on

Campus Real Estate, Property Management, Tax Credits The 15th Annual Higher Education Real Estate Lawyers conference was held in San Francisco, where attendees listened to and learned from both in-house and outside counsel at...more

Bankruptcy Court Holds That “Economic Waste” Doctrine, As Adopted In Wisconsin, Prevented Owner From Recovering Costs To Repair...

by Pepper Hamilton LLP on

WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017) - This breach of contract dispute arises out of a contract to design and build a cow-manure digester on a farm in Wisconsin. ...more

Bellevue’s Downtown Livability Initiative

Nearly five years after the Bellevue City Council commenced the Downtown Livability Initiative, the Council brought the initiative full circle by unanimously adopting a substantially revised, 190-page downtown land use code....more

9th Edition Massachusetts State Building Code Approved With Concurrency Period

by Goulston & Storrs PC on

The long-awaited 9th Edition of the Massachusetts State Building Code has been approved by the Massachusetts State Board of Building Regulations and Standards and filed with the Secretary of State, to become effective on...more

Vineyard buyer's fraud claim dying on the vine

by Thompson Coburn LLP on

Sellers of a vineyard were exonerated of a claim for fraud because they “could not be held liable for nondisclosure in the absence of evidence they had actual knowledge of the facts to be disclosed.” In Opinion - RSB...more

Town vs. Gown - How Land Use and Environmental Laws Mediate Disputes Between Universities, Colleges and Communities

by Best Best & Krieger LLP on

There are more than 150 four-year colleges and universities currently operating in the State of California. From the University of California’s nine campuses, to the California State University’s 23 campuses, and the more...more

A Primer on Florida's "25 Percent Rule" for Roof Repair/Replacement

The 2014 Florida Existing Building Code (the “Code”) contains what is conventionally called the “25 percent rule” (the “Rule”). The Rule applies to roof repair of any commercial or residential building. In a nutshell, the...more

Westhampton Beach Park Fee Upheld

by Farrell Fritz, P.C. on

My partner, Anthony Guardino, recently posted a three-part series about land use fees on this blog. This post concerns a decision by the Appellate Division upholding a $776,307 “Park Fee” imposed by the Village of Westhampton...more

Alarming Trend Continues with Weymouth Condo Fire

by Zelle LLP on

Yet another under-construction residential complex nearing completion has been ravaged by fire, this time in the South Shore community of Weymouth, Massachusetts. In the early morning hours of Sept. 14, a four-alarm fire at...more

Frick Building Accident Highlights Need for Diligent Compliance with City Code

The recent accident at the Frick Building in Pittsburgh, where a 1,400 pound piece of granite façade fell more than 21 stories and landed on the normally busy intersection of Grant St. and Forbes Ave., highlights the need for...more

How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions

It is important for design professionals to understand and consider the impact of proposed construction upon adjacent properties and the obligations project owners have to adjacent property owners. All parties should...more

Fire Protection Districts' Authority to Enforce State Fire Marshal Standards and Regulations Reiterated in California AG Opinion -...

by Best Best & Krieger LLP on

The California Attorney General has reiterated fire protection districts’ broad authority to enforce building standards and regulations disseminated by the State Fire Marshal, including for residential occupancies and...more

The Tiny House Craze: Zoning Laws Could Be a Tiny Impediment

by Miles & Stockbridge P.C. on

The “tiny house” movement is all the rage right now. The cause of the craze may be many faceted. Whether the popularity and demand is being driven by a shift in peoples’ preference to downsize to a more simplified lifestyle...more

Legal issues for those running construction businesses - (H&S, planning, employment and real estate)

by Dentons on

Welcome to our Summer 2017 round-up of issues relevant to UK construction businesses. Each of the summaries below links to a recent article from colleagues specialising in health and safety, planning, employment or real...more

Uniform Code Conflicts – Town vs. State Regulations

by Farrell Fritz, P.C. on

The New York State Uniform Fire Prevention and Building Code (“Uniform Code”) sets forth uniform building and fire prevention standards for New York State. Article 18 of the NYS Executive Law requires municipalities within...more

Building Code 2016 Security of Payment Provisions

by Dentons on

The security of payment provisions of the new Building Code 2016 (Code) introduced in December last year are emerging as an immediate concern for a fast growing number of building industry participants....more

West Coast Real Estate Update - May 2017 - #3

by Holland & Knight LLP on

L.A. to Legalize Residential Units Previously Created in Violation of Building Code - On May 10, 2017, the Los Angeles City Council unanimously approved an ordinance that would permit previously unapproved dwelling...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

by Sedgwick LLP on

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

Single-User Toilet Facilities in Any Business Establishment, Place of Public Accommodation, or Government Agency Must Be...

by Allen Matkins on

Assembly Bill No. 1732 (Ting, Chapter 818, Statutes of 2016) was signed into law on September 29, 2016, and went into effect on March 1, 2017. It added Section 118600 to Chapter 5 of Part 15 of Division 104 of the Health and...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES B.

by Field Law on

B. The wording “as a result of a peril insured against” in an insurance policy will be interpreted to include damage that happens as a direct result of the insured peril (increased cost to bring a damaged building up to code)...more

The Bathroom Wars Continue: New California Single-User, Gender-Neutral Bathroom Law Takes Effect March 1, 2017

Against the backdrop of President Trump’s recent withdrawal of former President Barack Obama’s transgender bathroom guidance, a new California law governing single-user restrooms takes effect March 1, 2017....more

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