News & Analysis as of

Real Estate Development Liability

Schwabe, Williamson & Wyatt PC

OP-ED: How to Repair Landslides‎—One Insurance Policy at a Time

If a landowner receives a government order to clean up a landslide on their property, who should pay for it — the property owner or their liability insurer? About 20 times per year, the city of Portland issues an order to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Acquisition of Contaminated Property: Federal District Court Addresses Allocation of Cleanup Costs

The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more

Guidepost Solutions LLC

How to Make Smart Security Investments in Large-Scale Design Projects

When planning a major design development project, whether it’s a corporate campus, data center, or mixed-use facility, deciding how much to invest in security can be a complex question. A practical, risk-based approach to...more

Hogan Lovells

UK Building Safety Act: first building liability order made

Hogan Lovells on

The High Court has imposed the first Building Liability Order under the Building Safety Act, passing liability for building safety defects from an SPV to its wealthier parent company....more

BCLP

Building Safety Act: Application of the “just and Equitable” Test for Remediation Contribution Orders

BCLP on

Section 124 of the Building Safety Act allows the First Tier Tribunal to make remediation contribution orders (“RCOs”) where it considers it “just and equitable” to do so....more

Awatif Mohammad Shoqi Advocates & Legal...

Understanding Developer Liability for Maintenance and Defect Costs After Property Handover

When investing in off-plan properties, especially in jointly owned properties in Dubai, understanding a developer's responsibility for maintenance and defect rectification post-handover is crucial. Dubai Law No. 6/2019 on the...more

Pillsbury Winthrop Shaw Pittman LLP

From Anatomy to Action: Navigating Data Center Contracts

Businesses should carefully consider technical, operational and financial details when executing data center contracts. Appropriately addressing these considerations in data center contracts will help protect each party’s...more

Downey Brand LLP

Alleged CEQA Abuse not Actionable under RICO Says Ninth Circuit

Downey Brand LLP on

In Relevant Grp., LLC v. Nourmand (9th Cir. Sep. 5, 2024, No. 23-55574) 2024 U.S. App. LEXIS 22559, the Ninth Circuit Court of Appeals narrowed the applicability of Racketeer Influenced and Corrupt Organizations Act (“RICO”)...more

Gray Reed

Broad Form Indemnities in Construction Contracts (UPDATED)

Gray Reed on

Broad form indemnities are common in Texas construction contracts, even though indemnifying someone for their own negligence is a tough pill to swallow.  ...more

Hinckley Allen

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

Hinckley Allen on

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

Miller Starr Regalia

Examining The Waiver Of Recreational Immunity By Express Invitation After The California Supreme Court’s Decision In Hoffmann V....

Miller Starr Regalia on

In 1963, the California legislature became concerned that private landowners were “bar[ring] public access to their land for recreational uses out of fear of incurring tort liability." Thus, it enacted Civ. Code, § 846 to...more

Williams Mullen

Virginia DEQ Suspends Issuance of Bona Fide Prospective Purchaser, Lender Liability and other Brownfield Program Comfort Letters

Williams Mullen on

The Virginia Department of Environmental Quality (VDEQ) has just given notice on its website that, effective immediately, it has stopped issuing so-called “comfort letters” as part of its brownfield program. Such comfort...more

Hogan Lovells

Ten CIL lessons 2020

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We are now – thankfully – firmly out of 2020 and in the hands of 2021. Although reviewing the past year may not initially seem an appealing prospect, it is nonetheless a worthwhile one. ...more

Nossaman LLP

Financial Liability & Legal Issues for Cities Related to Sea Level Rise

Nossaman LLP on

Sea Level Rise is a critical issue facing public agencies and property owners throughout the U.S.  In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment...more

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