Walkability Increases Real Estate Values
June 18, 2014 —
Beverley BevenFlorez-CDJ STAFFCNBC reported that environmentally-conscious Millennials are looking for homes that are within walking or biking distance to stores and work. The “areas that offer so-called walkability should see more home buyers and renters than those that don't.”
"Cities that want to thrive in our new economic and demographic realities will need to find ways to create and support more of these dynamic, productive walkable districts that are in high demand," Geoff Anderson, CEO of Smart Growth America, told CNBC. Anderson, “in conjunction with George Washington University School of Business, released a new report ranking the walkability of the nation's 30 largest metropolitan areas.”
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A Brief Primer on Perfecting Your Mechanics Lien When the Property Owner Files Bankruptcy
January 22, 2024 —
William L. Porter - Porter Law GroupOverview of the Mechanics Lien Law
This is a brief description of steps to be taken when the Owner of property on which you have recorded a mechanics lien files bankruptcy.
The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added to the property by the claimant during the construction process.
The recorded mechanics lien provides the claimant with legal right to force the sale of the improved real property and thereby obtain the funds necessary to pay the delinquent debt. Under the usual procedure, the first step is the recording of the mechanics lien with County Recorder’s office in the County where the property is located. A lawsuit to foreclose on the lien must then be filed in the County Superior Court of that County, within ninety (90) days after the mechanics lien is recorded. The goal of the lawsuit is to obtain a judgment for foreclosure on the mechanics lien in order to force a sale of the property. The net proceeds of the sale will be used to pay the unpaid construction debt secured by the recorded mechanics lien, assuming sale proceeds exceed the amount of senior liens and encumbrances.
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William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
Building and Landscape Standards Enacted in Response to the Governor's Mandatory Water Restrictions Dealing with the Drought and Possible Effects of El Niño
January 06, 2016 —
Clayton T. Tanaka – Newmeyer & Dillion, LLPEarlier this year, with California facing one of the most severe droughts on record, Governor Edmund G. Brown, Jr. issued Executive Order B-29-15 (the “Executive Order”) aimed at conserving water supplies and reducing water waste throughout the State of California. For the first time in California’s history, this Executive Order directed state agencies to implement immediate measures to save water, increase enforcement against water waste, invest in new technologies, and streamline government response to ongoing drought conditions.
In response, various state agencies proposed emergency changes to existing building and landscape standards in the California Green Building Standards Code (California Code of Regulations, title 24, part 11) (“CALGreen”) and the Model Water Efficient Landscape Ordinance (California Code of Regulations, title 23, part 11) (“Model Ordinance”) pertaining to the use of potable water. In July, the California Building Standards Commission and the California Water Commission adopted the proposed changes after public review and comment.
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Clayton T. Tanaka, Newmeyer & Dillion, LLPMr. Tanaka may be contacted at
clay.tanaka@ndlf.com
Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado
February 14, 2013 —
CDJ STAFFA federal court in Colorado recently applied the business risk exclusion to a construction defect case. Aaron Mandel and Stevi Raab of Sedgwick Law discuss this in Construction Defect Coverage Quarterly. The court found that the business risk exclusion barred coverage for an underlying construction defect. In the construction defect case, the Creek Side at Parker homeowners association sued the developer and builder. One such alleged defect was that “the plumbing contractor’s faulty installation of sewer and water lines damaged the lines themselves, caused surrounding asphalt and concrete to crack and deteriorate, and resulted in water intrusion.”
The court concluded that this damage to non-defective work was an occurrence, but the exclusion in the contract covered only property damage that occurred “while the work is ongoing.” The court concluded that the business risk exclusion barred coverage.
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Builder Waits too Long to Dispute Contract in Construction Defect Claim
May 10, 2012 —
CDJ STAFFThe Louisiana Court of Appeals has affirmed the lower court’s judgment in the case of Richard v. Alleman. The Richards initiated this lawsuit under Louisiana’s New Home Warranty Act, claiming that they had entered into a construction contract with Mr. Alleman and that they quickly found that his materials and methods had been substandard. They sued for the cost of repairing the home and filing the lawsuit. Mr. Alleman countersued, claiming the Richards failed to pay for labor, materials, and services. By his claim, they owed him $12,838.80.
The trial court split the issues of liability and damages. In the first trial, the court concluded that there was a contact between Alleman and the Richards and that the New Home Warranty Act applied. Mr. Alleman did not appeal this trial.
The second trial was on the issue of damages. Under the New Home Warranty Act, the Richards were found to be entitled to $36,977.11 in damages. In a second judgment, the couple was awarded $18,355.59 in attorney’s fees. Mr. Alleman appealed both judgments.
In his appeal, Alleman contended that the trial court erred in determining that the Home Warranty Act applied. This was, however, not the subject of the trial, having been determined at the earlier trial. Nor did the court accept Alleman’s claim that the Richards failed to comply with the Act. The trial record made clear that the Richards provided Alleman with a list of problems with their home by certified mail.
The court did not establish whether the Richards told Alleman to never return to their home, or if Alleman said he would never return to the home, but one thing was clear: Alleman did not complete the repairs in the list.
A further repair was added after the original list. The Richards claimed that with a loud noise, a large crack appeared in their tile flooring. Mr. Alleman stated that he was not liable for this as he was not given a chance to repair the damage, the Richards hired the flooring subcontractors, and that the trial court rejected the claim that the slab was defective. The appeals court found no problem with the award. Alleman had already “refused to make any of the repairs.”
Finally Alleman made a claim on a retainage held by the Richards. Since Alleman did not bring forth proof at trial, the appeals court upheld the trial courts refusal to award a credit to Alleman.
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White and Williams Lawyers Recognized by Best Lawyers
August 26, 2015 —
White and Williams LLPTwelve White and Williams lawyers have been listed in The Best Lawyers in America 2016. Inclusion in Best Lawyers is based entirely on peer-review. The methodology is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.
2016 Best Lawyers
Attorney / Practice Area
Frank Bruno / Patent Law
James Coffey / Mergers and Acquisitions Law
Timothy Davis / Real Estate Law
Joseph Foster / Personal Injury Litigation - Defendants
William Hussey / Tax Law; Trusts and Estates
Michael Kraemer / Employment Law - Management; Labor Law; Management; Litigation - Labor and Employment
Randy Maniloff / Insurance Law
John Orlando / Personal Injury Litigation - Defendants
Thomas Rogers / Real Estate Law
Joan Rosoff / Real Estate Law
Craig Stewart / Insurance Law; Product Liability - Defendants
William Taylor / Construction Law
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You may contact White and Williams LLP attorneys at www.whiteandwilliams.com
Hovnanian Reports “A Year of Solid Profitability”
December 30, 2013 —
CDJ STAFFHovnanian Enterprises has released its results for its fourth quarter and the twelve months ending in October 2013, which are described by Ara K. Havnanian, the company’s Chairman of the Board, President and Chief Executive Officer as “a year of solid profitability,” which he attributes to “revenue growth, gross margin improvement and operating efficiencies,” as reported by The Wall Street Journal.
The company’s total revenues for 2013 were $1.85 billion, a 24.2% increase over the 2012 totals. Home sales totaled 5,930, a 10.7% increase over the prior year. Mr. Hovnanian expects “increased demand for new homes,” and he believes that “our industry is still in the early stages of a housing recovery.”
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Construction Defects as Occurrences, Better Decided in Law than in Courts
December 09, 2011 —
CDJ STAFFConstruction defect claims are now occurrences for insurance purposes in four states, Arkansas, Colorado, Hawaii, and South Carolina, yet there are still frustrations for commercial general liability policyholders. Business Insurance describes court decisions on whether construction defect claims are covered as “incongruous,” and this drives up coverage and litigation costs. Construction firms often find they are defending themselves on two fronts, both the construction defect claim and also whether their insurance covers it.
Frank Armstrong, the Senior Vice President and National Director of Construction Claims for Willis North America says that the problem starts with the word “occurrence,” as various state courts have different interpretations of the word. “Certain pieces of it don’t fit well, at lest according to some courts in the country, with coverage for construction defect risks.”
Another insurance executive, Julian Ehlich, the Senior Vice President of Claims for Aon Risk Solutions’ construction services group notes that “jurisdictions differ, so policyholders don’t know what they’re going to get.”
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