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|Contract Drafting Tips for Home Improvement Contractors|
Eric L. Probst; Porzio, Bromberg & Newman P.C.;
August 5, 2011, previously published on Summer 2011In counseling home improvement contractors on the form and content of their contracts, I have developed a Top Ten Contract Drafting Tips List. Although you cannot draft the perfect contract to prevent a lawsuit, these tips are useful to help minimize the risk of litigation and the potential...
|The Fourth District Strikes Again|
Hanna Van Atta;
July 15, 2011, previously published on July 2011There are two cases now pending before the California Supreme Court concerning the use of binding arbitration and judicial reference clauses in Covenants, Conditions, and Restrictions (CC&Rs) by developers who sell lots or units in residential real estate projects: Villa Vicenza Homeowners...
|Proposals to Greatly Expand Use of Infrastructure Financing Districts Gain Momentum in California Legislature|
Ofer Elitzur, Stephen C. Ryan, Lisa D. Weil; Cox, Castle & Nicholson LLP;
May 30, 2011, previously published on May 19, 2011As Governor Brown and California’s legislators again take up the question of eliminating redevelopment agencies (RDAs) in order to balance California’s budget, it is noteworthy that a number of bills are moving quickly through the California Assembly and Senate that would greatly expand...
|Pre-Construction Lien Waivers: Only in Limited Circumstances|
Matthew Gioffre; Cohen Seglias Pallas Greenhall Furman P.C.;
May 19, 2011, previously published on Spring 2011Pennsylvania's Mechanics' Lien Law (Lien Law) has undergone significant revisions twice over the past few years. Some of the most important changes to the Lien Law relate to contractors' ability to waive their lien rights, and the lien rights of their subcontractors, before work on the project even...
|OSHA: Residential Builders Can No Longer Bypass Fall Protection Requirements|
Heath H. Galloway; Williams Mullen;
January 20, 2011, previously published on January 18, 2011In the final days of 2010, OSHA announced that it was rescinding a 15-year old policy that allowed residential builders to bypass certain fall protection requirements. The newly issued Compliance Guidance for Residential Construction cancels guidance in place since 1995 regarding OSHA's enforcement...
|AB 2738: More Restrictions on Resdiential Construction Subcontracts (The Legislature Again Jumps in the Middle of Private Contract Negotiations)|
Deverich Gillman LLP;
December 23, 2010, previously published by California Real Property Journal on Number 3, 2009Explores the complex and tangled web of legislation impacting residential construction subcontracting initiated by AB 758 in 2006, enhanced by SB 138 in 2008 and greatly expanded by AB 2738 in 2009. The article concludes with suggested action for different types of projects.
|Timing Is Everything: Fraudulent Conveyance Savings Clauses, Post-TOUSA|
Casey T. Fleck, Gregory A. Robins, Glenn S. Walter; Skadden, Arps, Slate, Meagher & Flom LLP;
September 24, 2010, previously published on September 20, 2010Last year's bankruptcy court decision in the Chapter 11 case of homebuilder TOUSA has generated significant controversy and discussion relating to "fraudulent conveyance savings clauses," which are provisions customarily found in upstream guarantees of leveraged debt issuances that limit...
|Contract Drafting Tips for Home Improvement Contractors -- Start and Completion Dates|
Eric L. Probst; Porzio, Bromberg & Newman P.C.;
September 2, 2010, previously published on August 26, 2010In counseling home improvement contractors on the form and content of their contracts, I have developed a Top Ten Contract Drafting Tips List. Although you cannot draft the perfect contract to prevent a lawsuit, these tips are useful to help minimize the risk of litigation and the potential...
|Developer Fees Calculated by Per Capita Cost of Expected Future Growth Resulting from the Development are Legal Under the Mitigation Fee Act|
Mona Ebrahimi, Jon E. Goetz; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
August 12, 2010, previously published on July 23, 2010In Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore, (--- Cal.Rptr.3d ----, Cal.App. 5 Dist., June 9, 2010), a court of appeal considered whether a city’s development impact fees, calculated by the per capita costs of city services based on the city’s expected...
|Harbinger or Outlier? Florida Jury Awards $2.47 Million in First Chinese Drywall Trial|
Ashley Cummings; Hunton & Williams LLP;
July 23, 2010, previously published on June 29, 2010On June 18, 2010, a Florida family was awarded $2.47 million in the first Chinese drywall case to go to a jury. The jury found that Banner Supply, the drywall distributor was negligent in selling a defective product and violated the Florida Deceptive and Unfair Trade Practices Act. The verdict...