Ted Degenhardt | Clark Hill “The beginning of wisdom is to define.” (Aristotle) A well-drafted contract defines each party’s rights and obligations, bringing wisdom to the transaction. In order to avoid potential disputes and minimize contractual risks, it is important to understand the specific provisions that are either required or helpful to include in construction contracts.… Continue reading Key Construction Contract Provisions to Avoid Disputes and Manage Tariffs
Cities Relying On Housing Overlays May Face “Builder’s Remedy” Under New Court Decision
Daniel R. Golub, William E. Sterling and Luca Trumbull | Holland & Knight Highlights California’s Second District Court of Appeal recently held that local governments cannot satisfy their Regional Housing Needs Allocation (RHNA) obligations by using zoning “overlays” that allow, but do not require, residential development. Residential overlay zoning is a very common practice in housing… Continue reading Cities Relying On Housing Overlays May Face “Builder’s Remedy” Under New Court Decision
AI-Generated Evidence Reaches Courts, Judges Sound Alarm
Risk & Insurance A California judge detected and dismissed what appears to be the first AI deepfake video submitted as authentic evidence in a housing dispute, signaling a looming crisis for the justice system, according to NBC News. The big picture: Judges and legal experts warn that increasingly sophisticated AI tools capable of creating convincing… Continue reading AI-Generated Evidence Reaches Courts, Judges Sound Alarm
Hidden but Present: The Impact of ‘Dark Matter’ in Mediation
Eric A. Grasberger | Stoel Rives “Dark matter” is an invisible, mysterious substance that makes up about 27 percent of the universe. Its existence is inferred from its gravitational effects on ordinary matter, but it’s not made of the same particles. While difficult to observe directly, its impact is real. Similarly, there are usually hidden… Continue reading Hidden but Present: The Impact of ‘Dark Matter’ in Mediation
No Permits, No Easement: Why Unlawful Encroachments May Not Vest [Sullivan’s Take]
Randy Sullivan | Patton Sullivan Brodehl Not every apparent prescriptive right vests. At first glance, a decades long encroachment might appear to be a shoo-in as an easement by prescription. However, encroaching structures built without permits or approvals are at risk of being ordered removed where a local municipality declares the act a public nuisance.… Continue reading No Permits, No Easement: Why Unlawful Encroachments May Not Vest [Sullivan’s Take]