Developer is not Indemnified for its own Conduct Without an Express Agreement in the Indemnification Clause

Sunu M. Pilai | Construction Industry Counselor | August 22, 2019 In a case where the jury found both the Architect and the Developer separately responsible for Plaintiff’s damages, an Appellate Division of the New Jersey Superior Court recently held that the Developer is not entitled to be indemnified by the Architect.  See Grandview at Riverwalk… Continue reading Developer is not Indemnified for its own Conduct Without an Express Agreement in the Indemnification Clause

Did Your Developer Go Bankrupt And Leave your Association Holding The Bag? Your Remedy May Lie Within The Developer Agreement

Lydia Chartre | Husch Blackwell | August 7, 2019 Even the best and most established real estate developers can face hard times, especially in the aftermath of recession and economic downturn, as we experienced a few short years ago. Many condominium and subdivision developments found themselves half completed, both in terms of units and homes… Continue reading Did Your Developer Go Bankrupt And Leave your Association Holding The Bag? Your Remedy May Lie Within The Developer Agreement

The “Time Of Application” Rule Will Not Protect Developers Who Submit Incomplete Applications.

Carl A. Rizzo | Cole Schotz | August 28, 2018 Developers often employ the “time of application” rule (“TOA Rule”) to avoid having to comply with certain legal requirements enacted after an application has been submitted to a local planning or zoning board.  More specifically, the TOA Rule provides that “notwithstanding any provision of law… Continue reading The “Time Of Application” Rule Will Not Protect Developers Who Submit Incomplete Applications.

Developers Sometimes Draft Documents For Their Own Benefit

Daniel Miske | Husch Blackwell LLP | August 29, 2018 A Court in Colorado recently dealt with a developer who placed a provision in the declaration of a condominium association prohibiting amendment of the declaration – ever – without the declarant’s written consent, and requiring that all construction defect claims be resolved through arbitration (Vallagio… Continue reading Developers Sometimes Draft Documents For Their Own Benefit

Autonomous Vehicles and Ride Sharing Will Reshape Our Buildings, Our Cities, and Our Lives

Foley & Lardner | February 2018 When the first automobile hit roadways in the early 1900s, developers, planners, and city officials had to completely re-think the design and planning of cityscapes, both new and old. The era of narrow streets, communities defined by walking distance or streetcar line, and short-distance commuting gave way to massive… Continue reading Autonomous Vehicles and Ride Sharing Will Reshape Our Buildings, Our Cities, and Our Lives

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