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|Letters of the Law: 'Q' is for Quality|
Suzannah Newboult; DLA Piper (Canada) LLP;
September 9, 2015, previously published on August 21, 2015As with many aspects of construction and engineering law, the answer lies in a well-drafted contract. Most standard form contracts simply require the contractor to execute and complete (and in some cases design) the works in accordance with the contract. The law says the same. A well-drafted...
|Letters of the Law: 'P' is for Provisional Sums and Prime Costs|
Suzannah Newboult; DLA Piper (Canada) LLP;
September 9, 2015, previously published on August 7, 2015Provisional sums and prime costs are not terms of art. Provisional sums and prime costs are not concepts codified in the law. There is danger that one party's understanding of how to apply them may differ from the other. The solution is to define them and set out in the contract how to apply or...
|Important Tax Provisions of Extended Highway Trust Fund Act|
Pessin Katz Law P.A.;
September 4, 2015, previously published on September 3, 2015The “Surface Transportation and Veterans Health Care Choice Improvement Act of 2015" (P.L. 114-41, “the Act”) became law on July 31, 2015. Designed as a 3-month extension of the Highway Trust Fund and related measures, the Act includes a number of important tax provisions,...
|New Texas Law Lists Requirements for Condominium Defect Litigation|
Clayton C. Cannon, Collin G. Warren; Adams and Reese LLP;
September 3, 2015, previously published on August 25, 2015The Texas Legislature recently passed House Bill 1455 which addresses defect and design claims relative to condominiums and condominium associations. Among the key issues are a series of new steps that must be accomplished before a lawsuit is filed. The new law applies only to a suit filed or...
|An Analysis of Ohio's Proposed Deed-in-Lieu and Leaseback Program|
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
September 1, 2015, previously published on August 28, 2015On August 25, 2015, House Bill 303 was introduced into the Ohio legislature, proposing the creation of a program whereby a borrower can give its mortgage holder a deed in lieu of foreclosure and remain in possession of the property pursuant to a lease with the mortgage holder, while the borrower...
|Sixth Circuit Holds that Legal Entities are “Persons” Under the Fair Debt Collection Practices Act|
Patricia J. Scott; Foster Swift Collins Smith P.C.;
August 27, 2015, previously published on August 27, 2015Is a corporation a person? This oft-debated topic has been the subject of many legal disputes, and even found its way into the headlines during the 2012 presidential campaign. The U.S. Supreme Court recently, famously and controversially grappled with the issue of whether corporations are...
|Case Alert: Boudreaux v. Cummings - A Shift in the Law May Have Consequence for the Development of Property|
David A. Martinez; Steeg Law Firm, LLC;
August 24, 2015, previously published on Summer 2015In this article Senior Associate David A. Martinez clarifies a recent case, Boudreaux v. Cummings, which may signal a meaningful shift and restriction on the ability of an owner to acquire a servitude right to the use of a driveway or alley of another property owner to access their own property.
|Supreme Court Takes on Housing Discrimination|
Christopher A. Roach; Adams and Reese LLP;
August 20, 2015, previously published on August 17, 2015The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the Fair Housing Act (FHA), even if there is no proof that discrimination was intentional. In a 5-4 decision, the Court formally recognized the availability of “disparate...
|Payment by Installments for Changing Permitted Use of Land in Moscow Possible|
Elena Stepanova; Capital Legal Services;
August 13, 2015, previously published on March 20, 2015Currently, changing the permitted use of privately owned land to another permitted use allowing construction and/or reconstruction of the capital facilities is performed in Moscow on a paid basis according to the general rule.
|Beware Of The One-Two Punch Expected In The Fair Housing Law Arena|
Christine Baran, C. Edward Rawl, Danielle S. Urban; Fisher & Phillips LLP;
August 11, 2015, previously published on August 10, 2015The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those businesses that provide financing and insurance coverage for the industry...