Who Is The Declarant? And Why Does It Matter?

Samuel B. Franck | Ward and Smith The concept and designation of the “Declarant” arise from the formation of a planned community or a condominium.  When the developer declares land to restrictions described in a “Declaration” for a planned community or a condominium, that developer has the opportunity to reserve certain rights to itself as the… Continue reading Who Is The Declarant? And Why Does It Matter?

For Developers and Owners: How COVID-19 Is Affecting Construction Projects and Actions You Should Consider

Robert C. Epstein, David C. Jensen, Zackary D. Knaub, Steven C. Russo and John L. Mascialino | GreenbergTraurig The global spread of Coronavirus Disease 2019 (COVID-19) is generating unprecedented delays, disruptions and uncertainty on construction projects. Travel restrictions, social distancing and quarantines are increasingly disrupting supply chains, contractor workforces and the availability of governmental personnel… Continue reading For Developers and Owners: How COVID-19 Is Affecting Construction Projects and Actions You Should Consider

Supreme Court Construes Local Law To Allow “Availability” Fees To Be Charged Against Developed Property And Undeveloped Property

Michael C. Thelen | Womble Bond Dickinson Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals decision. That is, the Supreme Court determined that the unambiguous language of a State law… Continue reading Supreme Court Construes Local Law To Allow “Availability” Fees To Be Charged Against Developed Property And Undeveloped Property

COVID-19 – From Construction to Development: Defaults, Deadlines and Dilemmas?

Lynette Khoo, Kia Jeng Koh and Pat Lynn Leong | Dentons Introduction We are at the cusp of a COVID-19 pandemic. In our earlier articles on COVID-19, we focused on force majeure and the legal doctrine of frustration, specifically in the context of how construction delays may impact a contractor’s obligations to the developer under the… Continue reading COVID-19 – From Construction to Development: Defaults, Deadlines and Dilemmas?

Developer Beware: Liability for Negligent Development Sequencing

John Mabe | Nexsen Pruet The North Carolina Court of Appeals decided in a recent case that a residential real estate developer owes a duty to future homeowners to plan the construction of the subdivision so as to avoid such foreseeable risks as a piece of heavy equipment rolling away and injuring a resident. This… Continue reading Developer Beware: Liability for Negligent Development Sequencing

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