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|Builder Victory in Arizona on Subsequent Homeowner Defect Claims|
Jill Ann Herman, Robert R. Monroe; Wood, Smith, Henning & Berman LLP;
August 10, 2015, previously published on August 4, 2015This case is important to builders in the State of Arizona because it effectively eliminates any claim that a subsequent homeowner may bring for negligence. Before this case, subsequent homeowners arguably had more rights than original homeowners for construction defects because the economic loss...
|Inadvertent Releases of Financing Statements and Mortgages|
Edward J. Levin; Gordon Feinblatt LLC;
August 7, 2015, previously published on July 2015Wouldn’t it seem that the results should be the same in both cases - that inadvertent releases of termination statements either are effective or ineffective - especially if third parties are not adversely affected? Actually, the answer provided by a recent Second Circuit case under the...
|The Top Questions Every Lender Should Ask When Reviewing Commercial Leases|
Ann M. McGowan Mehlert; Lerch, Early & Brewer, Chartered;
August 7, 2015, previously published on August 3, 2015You are tasked with handling the due diligence for a commercial real estate loan. The dollar amount of the loan is based on the rental stream from leases on the property. Sitting on your desk is a pile of leases - some longer than a hundred pages. On top of that pile is a rent roll given to you by...
|Court Upholds Validity of Security Interest Where Financing Statement Was Filed Early|
Cindi E. Cohen; Lerch, Early & Brewer, Chartered;
August 7, 2015, previously published on August 3, 2015In the case of In re Adoni Group, Inc., the Bankruptcy Court for the Southern District of New York upheld the perfection of a security interest where the financing statement was filed prior to the execution of the security agreement without prior written authorization from the debtor.
|What A Swell Party? Party Walls In Practice|
Eloise Morgan; Withers Bergman LLP;
August 5, 2015, previously published on July 28, 2015To go back to basics: if you are intending to carry out works (as the 'building owner') which may affect a wall, structure, fence or foundations shared with a neighbour (the 'adjoining owner'), you need to instruct a surveyor to advise whether the works are 'Party Wall Works' within the meaning of...
|A Boost for Affordable Housing Developers|
Rebecca E. Rhoden; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
August 5, 2015, previously published on July 16, 2015In the last month, both the Supreme Court and the Federal Government have taken affirmative steps to combat housing discrimination, which may remove certain obstacles affordable housing developers have previously faced with local governments. First, the Supreme Court held that the Fair Housing Act...
|New Obligations For Landlords Of Multi-Let Buildings|
Victoria Harrison; Withers Bergman LLP;
August 4, 2015, previously published on July 28, 2015Landlords of multi-let buildings with communal heating or cooling systems have new obligations in relation to billing, metering and reporting of heating costs. Charges to tenants for heating or cooling must now be based on actual consumption, with a requirement to install individual meters if...
|United States District Court for the District of Maryland Grants Defendant’s Motion to Dismiss Regarding Plaintiff’s Fair Housing Act Claims|
Nida Kanwal; Semmes Bowen Semmes A Professional Corporation;
August 4, 2015, previously published on July 2015In 2001, Brian Nichols bought a condominium from Carriage House Condominiums at Perry Hall Farms, Inc. (“Carriage House”) and Residential Realty Group, Inc. (“Residential Realty”) (collectively, “Defendants”). He had been diagnosed with osteoarthritis, gout, and...
|Clarifying Kilmer: Post-Production Costs Are Assessed When Title Passes|
Genevieve A. Pecharka, Jesse J. Zirillo; Dickie, McCamey & Chilcote, P.C.;
August 4, 2015, previously published on July 22, 2015On June 18, 2015, United States Magistrate Judge Robert C. Mitchell issued an opinion in the case of Pollock, et al. v. Energy Corporation of America, 2:10-CV-01553 (W.D. Pa. June 18, 2015). The opinion was primarily issued to address the defendant’s motion for judgment as a matter of law or...
Changes To Legislation For Tenancy Deposit Schemes|
Rebecca Spencer; Withers Bergman LLP;
August 4, 2015, previously published on July 28, 2015New legislation has changed the way in which it is necessary to protect tenancy deposits. Anyone who owns residential property which has been let to tenants before 6 April 2007 and a tenancy deposit was taken may need to take action.