Real Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses on “Buyer-Broker Commissions”, and the Auto Workers’ Strike Continues
November 13, 2023 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, seller impersonation fraud becomes an issue in the United States, major retailers are closing over 3,000 stores nationwide, the Tampa Rays are set to construct a new $1.3 billion stadium, and more!
- NFL star Tyler Lockett is preparing for his life and career after football by becoming a real estate broker in both Washington state and Texas. (Brady Henderson, ESPN)
- Seller impersonation fraud has become a major scam in the United States with 73% of real estate firms reporting an increase in these schemes since the beginning of the year. (Diane Tomb, Fortune)
- “Buyer-broker commissions” are a focus for the U.S. Justice Department as they have filed a “statement of interest” in one case in Massachusetts while there are several other pending lawsuits in U.S. courts. (Mike Scarcella, Reuters)
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Pillsbury's Construction & Real Estate Law Team
Options When there is a Construction Lien on Your Property
June 02, 2016 —
David Adelstein – Florida Construction Legal UpdatesThere is a construction lien on my property. What are my best options? I hear this question quite a bit…so here it goes…
(1) Do nothing. That’s right – do nothing. If you are not looking to sell your house or refinance in the next year or so, you can do nothing and see whether the lienor files a construction lien foreclosure lawsuit. The lienor has one year from the recording of the lien to file the lawsuit.
(2) Record a
Notice of Contest of Lien. The
Notice of Contest of Lien shortens the lienor’s statue of limitations to foreclose on the lien from one year to 60 days. If the lienor fails to foreclose on the lien within 60 days, the lien is extinguished by operation of law. This is the route I tend to prefer. If the lienor is going to file a lien foreclosure lawsuit, I tend to think it is better forcing the issue on the front end as opposed to waiting a year. But every situation is different.
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David M. Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Possible Real Estate and Use and Occupancy Tax Relief for Philadelphia Commercial and Industrial Property Owners
September 07, 2017 —
James Vandermark & Kevin Koscil - White and Williams LLPA recent decision by the Pennsylvania Supreme Court puts in jeopardy all of the recent real estate tax reassessments completed by the City of Philadelphia for tax year 2018 as well as appeals initiated by the School District of Philadelphia in 2016 for tax year 2017.
The City’s current practice is to certify the market values of any reassessed properties to the Board of Revision of Taxes on March 31st prior to the year that the assessment would be implemented. The City then relies on those certified values to determine the applicable tax rate when it creates its budget each summer. Accordingly, the Office of Property Assessment (OPA) submitted the values applicable for the 2018 tax year to the BRT on March 31, 2017. The City set the applicable tax rates during its summer budget sessions. However, unlike prior years, this year the City only reassessed commercial and industrial properties and excluded residential properties. The result was reported to be an increase of over $118 million in new real estate taxes.
Shortly after the City finished its budget, the Pennsylvania Supreme Court decided the case of Valley Forge Towers Apartments N, LP, et al. v. Upper Merion Area School District. The case involved a challenge by property owners to the Upper Merion School District’s practice of only appealing assessments on commercial properties. As with the recent reassessments by the City, Upper Merion was only seeking to increase the real estate tax assessments for high value commercial properties. The Pennsylvania Supreme Court found that the school district’s practice violated the Uniformity Clause in the Pennsylvania Constitution. The court reaffirmed the principle that real estate within a jurisdiction should be treated as a single class and that tax authorities are not permitted to discriminate against commercial and industrial properties in favor of residential properties for purposes of real estate taxation.
Reprinted courtesy of
James Vandermark, White and Williams LLP and
Kevin Koscil, White and Williams LLP
Mr. Vandermark may be contacted at vandermarkj@whiteandwilliams.com
Mr. Koscil may be contacted at koscilk@whiteandwilliams.com
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Singapore Unveils Changes to Make Public Housing More Affordable
September 23, 2019 —
Katrina Nicholas & Joyce Koh - BloombergSingapore may increase its supply of public housing next year as the city-state introduced measures Tuesday aimed at making such homes more affordable.
Minister for National Development Lawrence Wong said the measures would help more Singaporeans from lower to upper-middle income households buy their first homes. The Housing & Development Board, which is the body responsible for public housing, would probably have to increase supply in 2020 to meet the additional demand expected to stem from the changes, according to a joint statement from MND and HDB.
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Katrina Nicholas & Joyce Koh, Bloomberg
Mortgage Interest Rates Increase on Newly Built Homes
April 30, 2014 —
Beverley BevenFlorez-CDJ STAFFAccording to the National Association of Home Builders’ (NAHB) Eye on Housing, while the Federal Housing Financing Agency (FHFA) reported a decrease in mortgage interest rates for existing homes, there was an increase in mortgage rates on newly built homes: “The average contract interest rate on conventional mortgages used to purchase newly built homes actually increased in March, from 3.91 to 4.21 percent, reversing an anomalous drop to under 4 percent that occurred in February.”
“The average price and loan size on conventional mortgages used to purchase newly built homes also reversed previous month declines in March,” reported Eye on Housing. “The average price increased 5.4 percent to $427,200—the second highest number on record.”
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Renee Mortimer Recognized as "Defense Lawyer of the Year" by DTCI
December 13, 2022 —
Renee Mortimer - Lewis BrisboisHighland, Ind. (November 21, 2022) - Northwest Indiana Managing Partner Renee J. Mortimer was recently named "Defense Lawyer of the Year" by the Defense Trial Counsel of Indiana (DTCI). She was officially recognized at a Board & Officers dinner the evening before the DTCI's annual conference, which took place in Michigan City, Indianapolis from November 17 to 18.
The DTCI gives out three awards every year as part of its annual conference, including "Defense Lawyer of the Year," "Diplomat," and "Outstanding Young Lawyer." This year, two recipients received the "Diplomat" recognition
"I am honored to receive this recognition from my peers and look forward to continuing my work with the DTCI," said Ms. Mortimer.
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Renee Mortimer, Lewis BrisboisMs. Mortimer may be contacted at
Renee.Mortimer@lewisbrisbois.com
Residential Building Sector: Peaking or Soaring?
October 01, 2013 —
CDJ STAFFForbes notes that residential builders and remodelers are one of the fastest-growing groups of privately held companies, but is that growth going to continue? Tim McPeak, an analyst at Sageworks, said, “aside from the strong sales growth, these companies have a relatively healthy 4.6% net profit margin.” Another analyst, Scott Cresswell of The Bonadio Group, said that his “clients who do multifamily are exponentially off the charts with new work.
Cresswell also noted that firms in the Northeast are also experiences labor shortages, particularly with wood-frame construction, since, “there are not a lot of carpenters out there.” As a result of the new construction, some workers are more money from overtime.
A further hike in interest rates may stop this growth. Mr. McPeak noted that “the expectation of everyone is we’re going to see rates rise.”
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Association Insurance Company v. Carbondale Glen Lot E-8, LLC: Federal Court Reaffirms That There Is No Duty to Defend or Indemnify A Builder For Defective Construction Work
December 20, 2017 —
David M McLain - Colorado Construction Litigation BlogIn a case that squarely confronts the juxtaposition of an insurer’s duty to defend or indemnify its insured for construction related defects, the United States District Court for the District of Colorado recently granted an insurer’s motion for summary judgment on both matters against a construction subrogee, in Ass’n Ins. Co. v. Carbondale Glen Lot E-8, LLC, No. 15-cv-02025-RPM, 2016 WL 9735743, at *1 (D. Colo. Oct. 10. 2017).
Mountainview Construction Services, LLC (“MCS”) served as the general contractor for the construction of a residence on a lot owned by Glen Lot E-8, LLC (“E-8”). MCS took out a Commercial General Liability Policy (“Policy”) with Association Insurance Company (“AIC”) that provided coverage to MCS for the relevant time period for the construction of the residence. E-8 then asserted a series of claims against MCS, based on the allegation that MCS and its subcontractors defectively constructed the home by, among other things, building the residence two feet too high in violation of applicable codes. E-8 also argued that MCS and its subcontractors made significant alterations and/or deviations from the original project specifications without obtaining E-8’s consent or approval from relevant authorities. MCS tendered the claim to AIC for defense and indemnity. In turn, AIC declined coverage on the argument that the Policy precluded any coverage for defective work MCS may have performed on the project, absent damage to person or other property.
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David M McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com