News & Analysis as of

Property Damage Real Estate Development

Carlton Fields

DeSantis Extends Emergency Declarations for Tornado-Damaged North Florida Counties

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In recent weeks, Florida Gov. Ron DeSantis has issued executive orders extending two separate emergency declarations for counties in North Florida following a series of tornadoes that caused severe damage in the region....more

Allen Matkins

Pending State Housing Laws: Rebuilding After a Natural Disaster

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Various state housing bills are currently making their way through the California State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the...more

Tarter Krinsky & Drogin LLP

Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights

Property owners who face issues concerning disruption caused by buildings on adjacent properties often don’t realize or fully utilize the real estate laws that can protect and help alleviate related disturbances and...more

J.S. Held

Builder’s Risk: Complexities in Insuring Existing Structures

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Property insurance for projects under construction can be significantly complex. Insuring renovation projects under a builder’s risk policy will often require more care in crafting a policy that provides adequate protection....more

Cozen O'Connor

Court Denies Developer Insurance Coverage to Repair Defective Construction

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In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more

Downey Brand LLP

Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by...

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In the wake of the tragic disaster still unfolding in multiple communities of Southern California, Governor Newsom has issued an executive order (Executive Order N-4-25) intended to “expedite recovery” from the disaster by...more

Kaufman & Canoles

Title Insurance Client Alert - Virginia Court of Appeals Affirms Injunction to Remove Objects from Granted Easement Area

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Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more

Miller Starr Regalia

Governor Issues Executive Order N-4-25 Suspending CEQA Review and Coastal Act Permitting Requirements to Facilitate Rapid...

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On January 12, 2025, Governor Gavin Newsom issued Executive Order N-4-25 (the “EO”) pursuant to Government Code section 8571, which authorizes the Governor to suspend regulatory statutes during a state of emergency upon...more

J.S. Held

Forensic Laboratory Analysis and Roof Evaluations

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The roofing industry in the United States is prominent, with an estimated market size of over $25 billion annually, which covers various segments such as residential, commercial, and industrial roofing. Owing to its core...more

Otten Johnson Robinson Neff + Ragonetti PC

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

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

Hinckley Allen

Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

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As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?...more

Levenfeld Pearlstein, LLC

Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work (Positively...

The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois...more

Holland & Knight LLP

Florida Legislature Amends Ban on Restrictive Development Requirements After Recent Hurricanes

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Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted...more

Holland & Knight LLP

Florida Law Increases Permit Extensions, Makes Changes Regarding Natural Emergencies

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Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted...more

Bilzin Sumberg

The Aging Condo Conundrum: Are Terminations the Answer?

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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

Troutman Pepper Locke

Maryland Court Holds No Right of Contribution Where A Waiver of Subrogation Precludes Common Legal Responsibility

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Gables Construction, Inc. v. Red Coats, Inc., No. 23, 2020 BL 193791, 2020 MD LEXIS 264 (Md. May 26, 2020) - Upper Rock II, LLC (“Upper Rock”) contracted Gables Construction, Inc. (“GCI”) to construct a multi-building...more

Carlton Fields

Climate Change Ate My Property

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As the state with the second longest coastline (8,436 miles) and the second largest number of islands (about 4,500 that are 10 acres or larger), Florida is certain to experience significant impacts from rising sea levels due...more

Hogan Lovells

Time to weed out knotweed – is Europe leading the way?

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Are we overly cautious when dealing with Japanese knotweed? Are other countries more proportionate in their approach? And do we need a new risk assessment to better reflect the situation on the ground? Read on to find out...more

Cozen O'Connor

Texas Federal Court Holds that Named Storm Deductible Applies Even in the Absence of Wind Damage

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Judge Nancy Atlas of the Southern District of Texas cut through competing arguments to resolve a high-profile dispute involving a Hurricane Harvey claim through Contract Interpretation 101....more

Hogan Lovells

Japanese knotweed: have your say

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Following the Court of Appeal decision in Network Rail Infrastructure Limited v Williams and Waistell, Parliament is digging deeper to untangle the effect of Japanese knotweed on the built environment. ...more

Snell & Wilmer

California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

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The California Supreme Court ruled in McMillin Albany LLC et al. v. The Superior Court of Kern County, (1/18/2018) 4 cal. 5th 241, that California’s Right to Repair Act, California Civil Code sections 895 et seq. (“Act”) is...more

Goulston & Storrs PC

Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended)

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Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more

Gray Reed

Washed Away: What Rights Do You Have When Your Home is Flooded?

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Bill Deron bought a 100-acre tract next to a creek outside the City of Houston. Deron planned to build a subdivision where some of the homes abut a creek. The other homes would sit about 15 feet higher than the creekside...more

Cozen O'Connor

Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy

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In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and...more

K&L Gates LLP

New Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate Division finds Subcontractors’ Faulty Construction...

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The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied coverage for damage caused...more

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