Hurricane Michael Recovery: Important Considerations for Construction Businesses
Series LLCs in the Construction Industry: Increasingly Popular Fortresses to Protect Contractor’s Assets
Originally published in Build Houston magazine.
Co-author: Catherine Chlebowski
The business of construction is a day to day adventure fraught with peril and liabilities dangerous enough to put many construction firms out of business. Given that reality, it is imperative that contractors properly structure the legal entities that provide the fortresses to protect their assets. While most are familiar with the limited liability company (LLC) and limited partnership (LP) set ups, many have no familiarity…
A Board of Directors’ Right to Fine for Violations
HUD Publishes MTW Operations Notice and Request for First Round of New MTW Applicants
Holy HMOly
Federal Appeals Court Rejects Challenges to Newhall Ranch EIS and Section 404 Permit
In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404 permit, giving substantial deference to the Corps’ decisionmaking. Friends of the Santa Clara River v. U.S. Army Corps of Engineers, 887 F.3d 906 (9th Cir. 2018).
Background
Newhall Ranch is a proposed large-scale master-planned community in Los…
Understanding Constructive Acceleration Claims on Federal Projects
Customers will frequently want you to complete performance sooner than may be required by the contract. When presented with such a dilemma, contractors face the challenge of keeping the customer happy while performing the work in a manner that will meet specifications and the contractor’s business expectations. To navigate this process effectively, it is important for contractors to have a working knowledge of the circumstances in which an acceleration claim may arise and what to…
The Next Recession: Something…Perhaps Not Really Wicked… But Certainly Annoying…This Way Comes
With full and complete credit to the Bard (Macbeth), and to Mr. Ray Bradbury who repurposed this line as the title for his 1962 dark fantasy (of which I was and still am a huge fan), there is just not a better title for this note. Trust me. A few weeks ago, I inked a note about whether the current expansion was soon coming to an end and whether it made sense to begin to…
Attorney’s Fees And Homeowner Claims Against Insurance Companies
Lawsuits by homeowners against their own insurance companies for failing to pay on damage claims that homeowners believe and argue are covered by their policies of insurance are quite common in Florida. Frequently these involve claims for water-related damages—a typical example being a slow leak from piping in a kitchen or bathroom sink that is unknown to the homeowner but that occurs over an extended period of time and that ultimately causes damage to adjoining…
Update on Commercial Rent Tax: Tax For Childcare Passes, Faces Legal Challenge
Proposition C—the Commercial Rent Tax for Childcare and Early Education—is set to take effect on January 1, 2019, and increase the Gross Receipts Tax (“GRT”) on commercial rents in San Francisco. As discussed in our previous post, Proposition C competed with Proposition D—the Housing For All Commercial Rent Tax—and prevailed with San Francisco voters in June.…