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HTMLHousing Development in Texas Cities: Up or Out?
The Posey Law Firm P.C.;
Legal Form
March 1, 2017, previously published on Winter 2017
When the Texas Population Projections 2010 to 2050 report was released by the State Demographer's Office, several issues relating to urban planning and land use regulation suddenly came to the forefront of public discussion. The report suggests that, with current estimates, the Texas population...


HTMLFinding Asbestos in Your Home
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
October 19, 2014, previously published on OCtober 13, 2014
Asbestos exposure can happen in many places, even your own home. Since asbestos fibers have been worked into construction materials and consumer products of all kinds over the years, many US homeowners and renting families are experiencing exposure today as the materials break down over time.


HTMLImplied Warranty Of Habitability Owed By A Home Builder To A Residential Purchaser Of A New Home Does Not Extend To The Subsequent Purchaser Of The Home.
Timothy G. Ventura; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
Residential purchasers of a three-year-old home brought a claim against the builder of the home for breach of the implied warranty of habitability upon discovering water infiltration and latent construction defects. However, they were not in contractual privity with the builder; rather, they had...


HTMLLouisiana New Home Warranty Act & the LREC Property Disclosure Form
Christie L. Laporte; Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation;
Legal Alert/Article
September 15, 2014, previously published on September 8, 2014
This post is in response to the Louisiana New Home Warranty Act, La. R.S. 9:3141 et seq., and the mandatory Louisiana Real Estate Commission (LREC) property disclosure form. Case: Stutts v. Melton, 2013-0557 (La. 10/15/13), 130 So. 3d 808, 810, reh’g denied(Dec. 6, 2013).


HTMLTips and Updates Related to Construction Contracts
Matthew H. Hanka; Fryberger, Buchanan, Smith & Frederick, P.A.;
Legal Alert/Article
September 3, 2014, previously published on August 28, 2014
This summer promises to be a busy one for local construction projects. Commercial and residential projects are rapidly increasing in number. And, regardless of whether you are involved in a large commercial project, or looking to update or build a new home, the following practical tips and...


HTMLShafer Electric & Construction v. Mantia: PA Supreme Court Holds That Noncompliance with the Home Improvement Consumer Protection Act Does Not Entitle Homeowners to Free Work
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
September 2, 2014, previously published on August 21, 2014
Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the contractor’s home improvement contractor registration...


HTMLBuying “As Is” Precludes Future Claims
Meredith Eilers; Bernstein Shur;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In a decision issued on August 20, 2014 by the First Circuit Court of Appeals in Boston, the court both enforced an “as is” provision in a purchase and sale agreement and concluded that the sale of a multimillion dollar oceanfront property in Bar Harbor was not accompanied by...


HTMLAsbestos Use Rises in India Despite Protests
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 26, 2014, previously published on August 15, 2014
Despite hundreds of asbestos and medical professionals advising India against the use of the substance, government officials continue to condone and encourage asbestos use in commercial and residential construction projects within the country.


HTMLPrincipal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price
Meredith A. Jones-McKeown; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future homeowners in the design of a residential building ....


HTMLReed Construction Data - Economy Improving Slowly but Surely
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
Reed Construction Data reports that the economy continues to improve but challenges remain. Based upon recent construction data from Reed Construction, the industry’s economy continues to improve even though it remains sluggish and somewhat uneven. Year-to-date, seasonally adjusted spending...


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