Year: 2013
The Potentially Non-Delegable Duties of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA)
In recent years there has been a trend in the U.S. Courts that despite common law and/or contractual indemnities, a developer/owner of property cannot seek indemnification and/or contribution from its architect if the building, as designed and built, is not compliant...
Seller Beware – Individual Principals of Condominium Sponsors Held Liable to Unit Owners for Breach of Contract Claims Based on the Principals’ Certifications in the Offering Plan
Recent Supreme Court case law in certain jurisdictions (most notably Kings County) specifically holds that a Unit Owner may seek damages for breach of the purchase agreement against the individual principals of the Sponsor based upon their certification in the...
Imposing Third-Party Requirements on Construction Managers and Contractors
With a few exceptions, on each project on which we represent a developer, the developer enters into agreements with a lender, a landlord, or both. While the developer may be able to fulfill the obligations imposed on it pursuant to the terms of such agreements,...
Horizontal Exhaustion: Continuing Efforts to Protect an Owner/Developer
Prudent Owner/Developers should continually review their approach to risk management. In particular, changes to the always-evolving construction insurance coverage forms require Owner/Developers to rely more than ever on their insurance brokers to obtain the broadest...
A Legally Binding Carrot And Stick: Drafting Effective Liquidated Damages Clauses In Construction Contracts
Owners of construction projects are typically under pressure to meet stringent deadlines for project completion, whether motivated by a construction loan's looming deadlines, strict terms of a regulatory agreement, demanding lease and/or sales goals or a combination...