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Real Estate & Construction News Round-Up (12/07/22) – Home Sales, EV Charging Infrastructure, and Office Occupancy

December 26, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
This week’s round-up explores decreasing home sales, electric vehicle charging stations, office occupancy levels, and more.

With home sales dropping and more buyers abandoning their plans, forecasters have rarely disagreed as much as they are now regarding where the housing market is going next. (Nicole Friedman, Nick Timiraos, The Wall Street Journal)
Contractors and construction technology firms are watching as skilled workers look for new jobs in a turbulent economy. (Matthew Thibault, Construction Dive)
The ability to conveniently charge electric vehicles away from home is a top concern for many owners, indicating the strong need for an extensive and reliable external charging infrastructure. (Robert Charette, IEEE Spectrum)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

June 10, 2015 — Garret Murai – California Construction Law Blog
An interesting construction case just came out from the California Court of Appeals for the Second District this past month – Pacific Caisson & Shoring, Inc. v. Bernards Bros., Inc., California Court of Appeals for the Second District, Case No. B248320 (May 19, 2015) – which discusses a number of intertwining issues that can be faced by contractors in California and concludes with a result that I’m not sure I quite agree with. Among the issues discussed by the Court of Appeal were:

The application of the dreaded Business and Professions Code section 7031 which: (1) precludes a contractor from making a claim for payment for work performed; and (2) requires a contractor to disgorge all monies received for work performed, if the contractor was not properly licensed at all times that work was performed;
The impact of an unsatisfied judgment against one contractor on the license of another “related” contractor; and
Whether a stipulated judgment providing for payments over time is an unsatisfied final judgment under the Licensing Law.

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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Why Is California Rebuilding in Fire Country? Because You’re Paying for It

March 14, 2018 — Christopher Flavelle – Bloomberg
After last year’s calamity, officials are making the same decisions that put homeowners at risk in the first place. At the rugged eastern edge of Sonoma County, where new homes have been creeping into the wilderness for decades, Derek Webb barely managed to save his ranch-style resort from the raging fire that swept through the area last October. He spent all night fighting the flames, using shovels and rakes to push the fire back from his property. He was even ready to dive into his pool and breathe through a garden hose if he had to. His neighbors weren’t so daring—or lucky. On a recent Sunday, Webb wandered through the burnt remains of the ranch next to his. He’s trying to buy the land to build another resort. This doesn’t mean he thinks the area won’t burn again. In fact, he’s sure it will. But he doubts that will deter anyone from rebuilding, least of all him. “Everybody knows that people want to live here,” he says. “Five years from now, you probably won’t even know there was a fire.” As climate change creates warmer, drier conditions, which increase the risk of fire, California has a chance to rethink how it deals with the problem. Instead, after the state’s worst fire season on record, policymakers appear set to make the same decisions that put homeowners at risk in the first place. Driven by the demands of displaced residents, a housing shortage, and a thriving economy, local officials are issuing permits to rebuild without updating building codes. They’re even exempting residents from zoning rules so they can build bigger homes. Read the court decision
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Reprinted courtesy of Christopher Flavelle, Bloomberg

District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means

March 16, 2017 — Wally Zimolong – Supplemental Conditions
In a case that has been widely discussed on this blog, a United States federal district court Judge denied the Philadelphia Carpenters’ Union’s motion to dismiss a federal RICO case filed against it by the Pennsylvania Convention Center. Judge Nitza I. Quiñones Alejandro issued the ruling on the Union’s motion. Unfortunately, Judge Quinoses Alejandro did not issue an opinion to go along with her order. This is a bit unusual. Federal Judges routinely issue opinions (if only in footnote form) even on motion dealing with procedural issues. like discovery disputes. The lack of an opinion prevents us from knowing the Judge’s rationale for denying the motion. Therefore, the order lack precedental value for subsequent cases. However, I do not believe the order is any less significant. Potential plaintiffs now know that a federal RICO case against a union can survive a motion to dismiss. Moreover, the attorneys for the Convention Center have provided potential plaintiffs a road map for doing so. As I have stated before, the fact pattern in the Convention case is hardly unique and the tactics the Carpenters used in that case are de ri·gueur. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Julie Firestone & Francois Ecclesiaste Recognized as 2023 MSBA North Star Lawyers

July 15, 2024 — Lewis Brisbois Newsroom
Minneapolis, Minn. (June 11, 2024) - Minneapolis Partners Julie Firestone and Francois Ecclesiaste were recently named to the Minnesota State Bar Association (MSBA) 2023 North Star Lawyers list, which recognizes attorneys who provide pro bono service to people of low income at no fee. All attorneys who were recognized by MSBA provided 50 hours or more of pro bono service to low-income Minnesotans last year. MSBA has a long-standing dedication to advancing the Bars’ pro bono efforts through training, recruiting, and sharing pro bono stories in the community. “Lewis Brisbois has a long-standing commitment to serving our local communities, including through our pro bono practice, and we are proud of our partners who exemplify this core value of our Firm,” expressed Michelle Gilboe, Managing Partner of the Minneapolis office. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Toll Brothers Report End of Year Results

December 11, 2013 — CDJ STAFF
The largest luxury home builder in the U.S. saw some significant gains in their final quarter for 2013. Their pre-tax income for the year was $150.2 million, up from last year’s $60.7 million, more than doubling. The firm’s revenues went up 65% to $1.04 billion, and the average price of homes was up as well. Toll Brothers is currently selling homes in 232 communities, also increasing over 2012. Due to the upcoming acquisition of Shapell, Toll Brothers projects that at the end of 2014 they will be selling in 250 to 290 communities. Read the court decision
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Reprinted courtesy of

Supplement to New California Construction Laws for 2019

January 08, 2019 — Daniel F. McLennon - Smith Currie
A representative of the Contractors State License Board would like to emphasize a benefit of SB 1042 not mentioned in the report below that Smith Currie published recently. Importantly, the new law allows the CSLB to work with licensees, resolve complaints informally, and avoid a full Administrative Procedure Act hearing brought by the California Attorney General’s office. If the CSLB and licensee are unable to resolve a citation informally, the licensee is still entitled to the APA hearing. Contractors receiving CSLB citations are wise to avail themselves of this process. Read the court decision
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Reprinted courtesy of Daniel F. McLennon, Smith Currie
Mr. McLennon may be contacted at dfmclennon@smithcurrie.com

Congratulations to Wilke Fleury’s 2023 Super Lawyers and Rising Stars!!

July 10, 2023 — Wilke Fleury LLP
Wilke Fleury is extremely proud that 18 of its incredible attorneys have been selected as 2023 Northern California Super Lawyers or Rising Stars! Super Lawyers rates attorneys in each state using a patented selection process and publishes a yearly magazine issue that produces award-winning features on selected attorneys. Congratulations to this talented group: Super Lawyers of 2023 David A. Frenznick Steven J. Williamson Matthew W. Powell Daniel L. Egan George A. Guthrie Michael G. Polis Daniel J. Foster Stephen K. Marmaduke Neal C. Lutterman Trevor L. Stapleton Ronald R. Lamb Read the court decision
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Reprinted courtesy of Wilke Fleury LLP

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