News & Analysis as of

Construction Defects Lenders

Davis Wright Tremaine LLP

Navigating HB 3746 A: New Repose Periods, Moisture Testing, and HOA Rules in Oregon

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

King & Spalding

Northern District of Texas Denies Summary Judgment to Lender on Fiduciary Duty Claim Based on Evidence of Excessive Control

King & Spalding on

On February 6, 2024, the U.S. District Court for the Northern District of Texas, recognizing that a lender may assume a role of a fiduciary to a borrower in certain circumstances, denied a summary judgment motion by Wallis...more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

Winstead PC on

Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join...more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects - March 3rd, 12:00 pm - 1:00 pm CT

Winstead PC on

In the building industry, a predetermined strategy and response to construction defect claims are important factors to minimizing liability. Join Winstead attorney Frank Carroll as he outlines how to use governing...more

Bilzin Sumberg

Sunset of Distressed Condominium Relief Act Extended

Bilzin Sumberg on

The Distressed Condominium Relief Act enacted as Part VII of the Condominium Act in 2010 (“Act”) was a temporary measure to encourage absorption of unsold condominium units arising as a result of the Great Recession. This...more

Stinson LLP

Colorado Supreme Court: Construction Lender's Subsidiary Is Not a Subsequent Purchaser - Negligence Claim May Not Be Asserted...

Stinson LLP on

Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme...more

Polsinelli

News for Contractors and Construction Lenders in Arizona and Nevada – The Contractors' Lien May Trump the Bank's

Polsinelli on

In addition to an arid climate and plenty of sunshine, Arizona and Nevada have something more to offer contractors: a potentially advantageous position over lenders when a project goes bad. When a project derails and...more

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