Key Lease Work Letter Issues When the Landlord Is Doing the Work
Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
Contractual Notice Requirements: Do You Really Need Them?
Construction Defects: Lessons Learned
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
On May 12, 2025, Colorado Governor Jared Polis signed into law House Bill 25-1272, creating the Multifamily Construction Incentive Program (MCIP), a voluntary, opt-in framework aimed at encouraging the construction of...more
On May 12, 2025, Governor Jared Polis signed House Bill 25-1272 (“HB 25-1272“) into law. This act, known as the Colorado American Dream Act, seeks to address a key barrier to the construction of entry level condominiums and...more
Oregon's condominium sector has seen a significant decline in new construction over the past decade, prompting renewed legislative interest in how these projects are regulated and managed. House Bill 3746 A proposes several...more
In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan...more
While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more
On June 9, 2023, Governor DeSantis signed into law Senate Bill 154 (SB 154, also known as the “Glitch Bill”), which previously passed unanimously in both chambers of the Florida legislature in early May....more
Contributing Factors to Condo Terminations - A Blog Series - On June 9, 2023, Governor DeSantis signed Senate Bill 154 (“SB 154”) into law. This was the highly anticipated “glitch bill” to address technical issues with...more
Earlier today (June 9, 2023), Governor DeSantis signed into law Senate Bill 154 (SB 154). Seen by many in the industry as a “glitch bill,” SB 154 is a legislative measure aimed at addressing and resolving certain issues that...more
In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows...more
For five months now, Florida condominiums with buildings that are three stories or higher have been on notice of F.S. §553.899, a new statute adopted within Senate Bill 4-D (“S.B. 4-D”) that requires periodic milestone...more
On June 24, 2021, we witnessed one of the most disturbing events in recent memory. A residential condominium building in Surfside partially collapsed overnight leaving 98 people dead and the surviving residents without a...more
At its public hearing on September 22, 2022, the Council of the District of Columbia (D.C. Council) will consider new legislation on condominium warranty claims in the District. The pending bill is known as the Condominium...more
The tragic collapse of the Champlain Tower South Condominium brought a renewed sense of urgency to older condominiums facing a difficult dilemma: spend significantly on restoration, or accept the risks involved with living in...more
Analysis of Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC et al, Amended Order Granting Motion to Dismiss or Stay, No. 20 CA 003307 NC (Fla. 12th Cir. Ct. June 28, 2021)....more
The Cottages at Stoney Creek Condominium Association, Inc. et al v. JDR Construction, LLC et al, No. 1D20-956, 2021 WL 2209851 (June 1, 2021) aff’d per curiam....more
While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an...more
Have you ever wondered when Massachusetts’ 6-year statute of repose for defective design, planning and construction is triggered when dealing with the construction of a multi-building, multi-year condominium construction...more
Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the...more
In Hershey v. Mount Vernon Partners, LLC, Judge Green faced dueling motions to dismiss in a dispute arising from the purchase of an “ultra-luxury” condominium in Beacon Hill. Judge Green granted Brett Hershey’s motion, in...more
The DC Council has proposed legislation that would dramatically increase developers’ exposure for condominium warranty liability and could impact developers’ financial ability to finance, develop, and construct condominiums....more
Liu v. Securities And Exchange Commission, Case No. 18–1501 (2020). Equitable relief, including disgorgement, is permissible under the Securities Act of 1933, 15 U. S. C. §77a et seq., so long as it does not exceed a...more
Courts often struggle with the question of when the statute of repose starts to run for construction projects that involve multiple buildings or phases. In Village Lofts at St. Anthony Falls Ass’n v. Housing Partners...more
The Minnesota Supreme Court recently issued a decision that altered the rules on when the clock starts on a condo association's right to bring a claim under Minnesota's new home statutory warranties. Those warranties will now...more
The DC City Council has proposed two bills intended to make it easier for condominium associations and unit owners to pursue warranty claims against developers and obtain release of warranty funds....more
The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more