News & Analysis as of

Real Estate Development Contract Disputes Breach of Contract

Phelps Dunbar

You Can Pay Me Now, or…

Phelps Dunbar on

The Utah Court of Appeals delivered a significant ruling – including its length, approximately 12,500 words – underscoring the critical importance of adhering to contract provisions, particularly regarding payment terms in...more

Farrell Fritz, P.C.

Capital Call Cancelled: A Fairness Defense to the Majority’s Mandatory Capital Call

Farrell Fritz, P.C. on

There is perhaps no provision in an LLC operating agreement more susceptible to abuse than one allowing those in control of the LLC to make mandatory capital calls. For one, that authority often comes with very few...more

Foley & Lardner LLP

Eighth Circuit Affirms Summary Judgment to Insurer in Dispute with Construction Project Owner Over Lost Rental Income

Foley & Lardner LLP on

On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays...more

Bressler, Amery & Ross, P.C.

Enforceability of Arbitration Clauses in NJ Developer Purchase Agreements

When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, arbitration clauses, which...more

Frantz Ward LLP

Oral Contract and Invalid Lien Spell Trouble for Contractor

Frantz Ward LLP on

Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues....more

Stark & Stark

Does Filing a Construction Lien Guarantee Payment?

Stark & Stark on

I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will...more

White & Case LLP

Managing construction risks in Asia-Pacific: India

White & Case LLP on

In recent years, the construction industry in India has emerged as an attractive destination for foreign investment. To support this heightened interest, the government of India has enacted an attractive foreign direct...more

Farrell Fritz, P.C.

Joint Venture Agreements: For Better or For Worse; In Profit or In Loss

Farrell Fritz, P.C. on

Just like a bride and groom vow to join together for better or for worse, commercial parties joining together through a joint venture must make a similar promise to share in profits and losses. ...more

Allen Matkins

Is A Restriction Tantamount To A Prohibition?

Allen Matkins on

The Davis-Stirling Common Interest Development Act, Cal. Civ. Code § 4000 et seq., regulates condominium developments and other common interest developments (CIDs) in California.    Section 4740(a) states that an owner of a...more

Buchalter

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

Buchalter on

What’s a goocher?  If you saw the movie, Stand By Me, then you know exactly what I mean.  And there are times when parties to a construction contract face a goocher. ...more

Robinson+Cole Construction Law Zone

Repurposing Real Estate Development to Counter Weakened Demand: Know the Risks Before Terminating Contracts

Pacta sunt servanda, i.e., agreements must be kept. This applies in both good economies and bad. Companies considering a modification of their business operations to offset lower revenue must be mindful of existing...more

BCLP

Disputes under Hotel Management Agreements in a COVID-19 World – Part I: Development Phase Disputes

BCLP on

The COVID-19 pandemic has wreaked havoc on the hospitality sector, significantly impacting the financial performance of existing hotels and causing delays to new hotel projects. These impacts may result in hotel owners and...more

Robinson+Cole Construction Law Zone

An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?

A subcontractor has liened the property although the owner has paid in full for its work. The general contractor has disappeared. What should an owner do next? And will its attorneys’ fees be recoverable?...more

White & Case LLP

Disputes between members of a construction joint venture

White & Case LLP on

The case of Doosan Enpure Limited v Interserve Construction Limited represents a rare consideration by the English High Court of a dispute between members of a construction joint venture. The court found that Interserve was...more

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