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|EPA, Corps of Engineers Issue New Clean Water Act Rule|
James W. Potter; Nexsen Pruet, LLC;
June 18, 2015, previously published on May 27, 2015On May 27, 2015 the EPA and the Corps of Engineers issued a prepublication version of its final rule to define "waters of the United States" 40 CFR 230. Soon the final rule will be published in the Federal Register and will take effect sixty days after publication.
|Newsletter BSJP Real Estate 2015|
Katarzyna Domanska-Moldawa; BSJP Brockhuis Jurczak Prusak Sp.k.;
June 18, 2015Constitutional Tribunal Rules Banking Enforcement Titles to be Unconstitutional Action for Revocation of the Resolution on the Merger Of Companies
|When Statutes Of Limitation Vary, Don't Wait To File Suit|
John Paul Nefflen; Burr & Forman LLP;
June 17, 2015, previously published on June 5, 2015Investing in real estate is difficult. Buyers, sellers and developers often make strategic business decisions influenced by changing market forces, contingencies that never materialize, promises not kept, and unpredictable partnerships and alliances. Among the many decisions real estate investors...
|Adjudication Agreements: When Are They Legally Binding?|
Jacy A. J. Whittaker; Parris Whittaker;
June 16, 2015, previously published by www.ParrisWhittaker.comThe UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.
|Because it's the Rules!|
David L. Allen; Jaburg Wilk;
June 15, 2015, previously published on June 11, 2015There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there are those who live there despite...
|After the Demise of Construction Defect Reform - What Do We Do Now?|
Rebecca Wilcox Dow; Holland & Hart LLP;
June 5, 2015, previously published on May 14, 2015Two weeks ago, the Colorado legislature voted to kill Senate Bill 177, the reform bill intended to correct laws in Colorado related to construction defect litigation. Due to the current, well-documented need for affordable “for sale” homes and condos in Colorado, developers and...
|Case Alert: Good News for Real Estate Agents, but Caution for Buyers|
Robert M. Steeg; Steeg Law Firm, LLC;
June 2, 2015, previously published on May 13, 2015In this article, Managing Partner, Robert M. Steeg, clarifies Rabalais v. Gray, a new case that was decided by the Louisiana Appellate Court having jurisdiction over Jefferson Parish. The case brings very good news to real estate agents, but sounds a strong note of caution for buyers of real estate.
|The Case of the Missing Promissory Note: How can a Mortgage Lender Enforce a Lost Note in Ohio?|
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
June 2, 2015, previously published on May 27, 2015Standing has recently become a foreclosure buzzword. The Ohio Supreme Court weighed in extensively on the topic and determined that a lender must establish an interest in the note or mortgage at the time it filed suit.1 To prove standing in a foreclosure action, a plaintiff generally must show that...
|Key Maryland Land Use & Zoning Updates You Should Know|
Patricia A. Harris; Lerch, Early & Brewer, Chartered;
June 1, 2015, previously published on May 14, 2015The Planning Staff is tentatively scheduled to present the Staff Draft of the Bethesda Sector Plan to the Planning Board on May 21, 2015. The Staff Draft will shed light on several eagerly awaited issues, including proposed densities. While the staff has shared proposed heights for the Sector Plan...
|Why Homeowners Associations, Condominium Associations, and Property Management Companies Need to Observe Employment Laws and Establish Employment Policies|
Marc R. Engel; Lerch, Early & Brewer, Chartered;
June 1, 2015, previously published on May 7, 2015One of the biggest myths I hear perpetuated in my practice is that so-called "small" employers, or for the purpose of this article, those with fewer than 15 employees, (i.e., homeowners and condominium associations with staff) are not subject to the applicable employment laws and need not...