News & Analysis as of

Performance Bonds Real Estate Development

Nutter McClennen & Fish LLP

Significant Changes to Statutory Process for Zoning Appeals: What You Need to Know About the 2024 Massachusetts Affordable Housing...

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several significant changes to the statutory provisions governing appeals from zoning decisions under G.L. c. 40A, § 17. Where...more

Franczek P.C.

Recent Amendments will Impact School District Construction Projects

Franczek P.C. on

Recent changes to Illinois law will impact the way school districts administer their summer construction projects. The Public Construction Bond Act has been amended effective January 1, 2024, to increase the threshold at...more

Tucker Arensberg, P.C.

Amendment to Pennsylvania Municipalities Planning Code Clarifies Bond Retention Requirements for Developers and Municipalities

Tucker Arensberg, P.C. on

On December 22, 2021, Governor Wolf signed into law Act 97 of 2021, which amended Section 509 of the Pennsylvania Municipalities Planning Code (MPC). The amendment will take effect in February 2022....more

Robinson+Cole Construction Law Zone

Obtaining the Benefits of a Performance Bond: Tread Carefully

When a party to a construction contract is faced with nonperformance of another party, often the desire to keep the project moving takes precedence in responding to the performance default. ...more

Farrell Fritz, P.C.

Municipalities Cannot Withhold Permits to Secure Infrastructure and Improvements

Farrell Fritz, P.C. on

In Joy Builders, Inc. v. Town of Clarkstown, 2018 N.Y. Slip Op. 07110, 165 A.D.3d 1084 (2d Dept 2018), a developer (“Developer”), in connection with the development of two subdivisions, challenged a provision of the Town Code...more

Troutman Pepper

Eleventh Circuit Affirms Decision Under Florida Law Barring Contractor’s Performance Bond Claim for Failure to Comply With Notice...

Troutman Pepper on

Int’l Fidelity Ins. Co. v. Americaribe-Moriarty JV, 2017 U.S. App. LEXIS 3628 (11th Cir. Feb. 28, 2017) - Americaribe-Moriarty Joint Venture (“Americaribe”) entered into a subcontract with Certified Pool Mechanics I,...more

Morris James LLP

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

Morris James LLP on

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

Snell & Wilmer

Recent Developments in Arizona Construction Law

Snell & Wilmer on

Notable 2014 Case Law: Bonds - In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more

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