Real Estate & Construction

September 22, 2020

The last six months have been a whirlwind, especially for this single dad of six school children (who are no longer in school) while I work from home/office/car/jobsite/court. During the first week of the pandemic, I wrote an ebook for contractors on how to deal with COVID-19. Over the next month, I answered countless phone call and emails, asking about safety and employment issues in the construction industry. Weeks four through six had me…

Talkov Law Blog

Attorney Scott Talkov Provides Expert Opinion in UCR School of Public Policy Podcast

By Andrea Hong

September 22, 2020

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The University of California, Riverside School of Public Policy reached out to lawyer Scott Talkov to join a discussion on the options and resources available to students who wish to terminate their leases due to COVID-19. The pandemic has forced the majority of universities nationwide to close off their campuses and re-open their studies online through virtual classrooms. This situation has developed into a larger issue for college students as they’re now stuck paying for…

Construction Payment Blog

What is a Mineral Lien?

By Dawn Killough

September 21, 2020

A mineral lien, also called an oil and gas lien, is a lien that attaches to the mineral rights, material, machinery, equipment, and/or leasehold interest in a property. A mineral lien is basically the equivalent of a mechanics lien for contractors on an oil and gas project. It is most often used in the oil industry, though the laws generally also apply to work on quarries and mines. Contractors can file a mineral lien if…

Fair Housing Defense

HUD Settles Two Fair Housing Act Cases: One for $8,000 and One for $6,000

By Scott M. Badami

September 21, 2020

In separate releases issued earlier today, the U.S. Department of Housing & Urban Development (HUD) announced that it settled two housing discrimination matters: one from California for $6,000 and one from Hawaii for $8,000. In the California case, the complainants claimed that housing providers declined to offer them a two bedroom unit because they have three children. In the Hawaii matter, the complainants asserted they were discriminated against on the basis of disability by failing…

Ontario Condo Law Blog

Amlani and indemnity provisions – All Bark, no bite? Not quite

By Tony Bui

September 21, 2020

When Amlani v. YCC 473 was released at the start of the year, it was the immediate frontrunner for “2020 Condo Case of the Year”. YCC 473 appealed and even in a year of fascinating cases, the Amlani decision still holds its seat at the top of that mountain. The initial Amlani decision dealt with a common situation. In a nutshell, the board received complaints about Mr. Amlani’s smoking so they instructed their lawyers to…

Colorado Homeowners Association Law

Political Signs in Colorado HOAs and the Upcoming Election . . .

By Molly Foley-Healy

September 21, 2020

As of today, the General Election is 43 days away. While like most Americans I have very strong opinions and beliefs regarding the cultural and electoral issues facing our country, I also live in an HOA and am taking the signage rules and my neighbors into account when putting up signs that mirror my beliefs relating to social justice issues, ballot initiatives and candidates running for office. For those of you who are not aware…

Long Island Land Use and Zoning

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

By Philip A. Butler

September 21, 2020

The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of the project sought a local code amendment and special permit from the Respondent Town Board for 29 wind turbines up to 492 feet in height. As part of the mandatory environmental review process pursuant to…

Green Building Law Update

SEC Alters Environmental Disclosure Requirements for First Time in 30 Years But

By Stuart Kaplow

September 20, 2020

A final rule the U.S. Securities and Exchange Commission adopted on August 26, 2020 and effective 30 days after publication in the Federal Register may be more significant for what is not in the rule. The rule is silent on ESG disclosures, including climate risk. SEC disclosure requirements, which had not undergone significant revisions in over 30 years, impact a broad breadth of environmental matters, for not only the thousands of public companies, but also…

Florida Construction Legal Updates

ECONOMIC LOSS RULE BARS CLAIMS AGAINST MANUFACTURER

By David Adelstein

September 20, 2020

The economic loss rule lives to bar a claim against a product manufacturer in a real estate transaction. In a products liability action, there needs to be personal injury or property damage, other than to the property itself, in order to recover economic damages. Otherwise, the economic loss rule will bar the recovery of such economic losses when the economic losses deal to the product itself. This is important to keep in mind in any…

Virginia Community Association Law

Subrogation: Stepping into the Shoes of Another to Enforce Claims: the Virginia Supreme Court Hands Down an Opinion on Subrogation in the Context of a Condominium Fire

By Brett Herbert

September 18, 2020

By recent decision, the Virginia Supreme Court weighed in on an insurance subrogation dispute arising out of a fire at a Virginia condominium. The case is illustrative as to situations that sometimes face community associations when there are casualty losses. Subrogation: A Basic Explanation Subrogation is a legal doctrine where a party who pays a loss on another’s behalf is permitted to “step into the shoes” of the payee (person receiving the funds) and…