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Condominiums Construction Industry

Pillsbury - Gravel2Gavel Construction & Real...

New Jersey Strengthens the Structural Integrity of Its Residential Builds

In response to the June 2021 Champlain Towers collapse in Florida, New Jersey supplemented its State Uniform Construction Code Act by enacting legislation (effective January 8, 2024) to strengthen laws related to the...more

J.S. Held

Florida Statute 2023-203: A Comprehensive Look at Building Safety Regulations and Florida Milestone Inspections

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Florida Statute 2023-203: Ensuring Building Safety in the Wake of Tragedies - It often takes a crisis for society and government to react. Whether it be seat belts, smoking, or building safety, unfortunately, catastrophe can...more

Stark & Stark

Pre COVID-19 Construction Cost Estimates Are Likely Outdated

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In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows...more

Woods Rogers

New Statutory Requirements for Condominium Inspections Following the Collapse of Champlain Towers South in Florida

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Heightened statutory inspection and maintenance requirements in high-rise condominium buildings emphasize the critical importance of similar inspection and maintenance regimens for similarly situated properties....more

Carlton Fields

[Webinar] The Aftermath of the Surfside Condo Collapse: Condominium Development, Financing, and Insurance - May 25th, 1:00 pm -...

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The collapse of the Champlain Towers South in Surfside, Florida, last June sent shock waves through the state and around the country, as condominium construction and maintenance came under a microscope and officials and...more

Carlton Fields

New Guidance for Condo Developers on Use of Contract Deposits

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Effective July 1, 2021, the Florida Legislature has clarified Florida Statutes section 718.202 concerning what certain purchaser condominium unit purchase deposits may be used by the condominium developer if authorized in the...more

White and Williams LLP

Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend...

While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an...more

Pierce Atwood LLP

The Massachusetts Statute of Repose Comes Marching One Building at a Time

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Have you ever wondered when Massachusetts’ 6-year statute of repose for defective design, planning and construction is triggered when dealing with the construction of a multi-building, multi-year condominium construction...more

Conn Kavanaugh

UPDATE: Supreme Judicial Court Holds That Each Building in Phased-Development Projects Constitutes Distinct “Improvement” for...

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Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the...more

Nutter McClennen & Fish LLP

Condo Owner’s Claims Seeking to Hold Developer Liable Survive Motion to Dismiss

In Hershey v. Mount Vernon Partners, LLC, Judge Green faced dueling motions to dismiss in a dispute arising from the purchase of an “ultra-luxury” condominium in Beacon Hill. Judge Green granted Brett Hershey’s motion, in...more

Fox Rothschild LLP

An Eventful Year: 2020 Homebuilding Industry Trends

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All sectors of the construction industry have faced unique challenges in 2020, but none has been more significantly impacted than homebuilding. Widespread protests in urban areas, historically cheap financing for...more

Conn Kavanaugh

When Does the Statute of Repose Begin to Run in Phased Development Projects?

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The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

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a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Barnea Jaffa Lande & Co.

An Additional Barrier in Performing TAMA 38 Projects

The Real Estate Law (Reinforcement of Condominiums against Earthquakes) 5768-2008 (the “Reinforcement Law”) provides that in order to perform a TAMA 38 plan on a building under the “demolish and build” track, a majority of...more

Shumaker, Loop & Kendrick, LLP

What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose

Florida’s Statute of Limitations and Statute of Repose for construction and design defect claims are each contained in § 95.11(3)(c), Florida Statutes, which provides, in relevant part: We are frequently retained by...more

Winstead PC

Revisions to Unit Boundaries for Detached Condominiums

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On June 10, Governor Abbott signed House Bill 2569 (the “Bill”), relating to condominium unit boundaries. For more than a decade, Texas builders and developers have used the condominium process to create “detached”...more

Conn Kavanaugh

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

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As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

Stoel Rives LLP

2019 Condominium Warranty Reforms and WUCIOA Clarifications

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The Washington Legislature wrapped up its 2019 session by enacting much-anticipated reform to the condominium implied construction warranties. The warranty reform bill also included important clarifications of the application...more

Stoel Rives -  Ahead of Schedule

Recent Washington Court Decision Examines Whether Lien Claim on Condominium Unit Was Frivolous (Subject to Release) or Excessive...

On February 11, 2019, Division One of the Washington Court of Appeals issued an opinion in the case of Woodley v. Style Corp. d/b/a Servpro of Shoreline/Woodinville, No. 77352-6-I (Wash. Ct. App. Feb. 11, 2019). The case...more

Baker Donelson

Condominium Developers in Texas Can Protect Themselves from Future Lawsuits Through the Use of Declarations

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A Texas court recently affirmed the dismissal of construction defect claims by a residential condominium unit owners’ association because it lacked standing to assert claims against the developer, general contractor, and...more

Patton Sullivan Brodehl LLP

What’s the “California Housing Freeze” Proposition on the November Ballot?

A rent control initiative titled the “Affordable Housing Act” — but criticized by others as the “California Housing Freeze” — has qualified as Proposition 10 on the November 2018 ballot.  What is it?...more

Snell & Wilmer

Utah Still Thinks Privity of Contract is Important

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In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’...more

Baker Donelson

House and Senate Pass Bills To Prevent Condo Developers From Limiting Construction Defect Claims

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Both houses of the Maryland General Assembly have passed legislation that would prevent condominium developers from including provisions in the project’s governing documents that limit the ability of unit owners to bring...more

Saul Ewing LLP

Massachusetts Condominium Developers Have Increased Exposure

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A recent Massachusetts Supreme Judicial Court decision held that condominium developers cannot create a condominium that “makes it extraordinarily difficult or even impossible for the trustees to initiate any litigation...more

Troutman Pepper

Sovereign Immunity Bars Contractor’s Claims For Unjust Enrichment And Promissory Estoppel Against City Government On Semi-Public...

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Harakas Constr., Inc. v. Metro Gov’t of Nashville, 2018 Tenn. App. LEXIS 45 (Tenn. App. January 29, 2018) - BK Partners LLC (“BK”) sought to build a condominium complex in Davidson County. This required an upgrade to the...more

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