Legal News

“Build-to-Rent” (B2R) product, meaning the construction of homes in a defined community intended to be leased, as opposed to sold, has become a more frequent sub-product within master planned communities. B2R product is similar to a typical multi-family apartment complex in that a single development owner constructs, owns, operates and maintains multiple dwellings which are then leased to residents....By: Winstead PC

On February 1, 2021, the Federal Trade Commission (FTC) announced its revised annual threshold that determines whether companies may be required to notify federal antitrust authorities about a proposed merger or acquisition due to the size and value of the transaction. For the first time since 2010 and a reflection of the state of the economy, the annual threshold has been reduced rather than raised, from $94 million in 2020 to $92 million for 2021......By: Schwabe, Williamson & Wyatt PC

Market Trends: What You Need to Know - As reflected in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies, over the past twelve or so years, inclusion of jury trial waivers in mergers and acquisitions (M&A) agreements has increased from 50% of reported transactions in the 2007 study to 93% in the 2019 study. Originally Published in Bloomberg Law - February 2021....By: Goulston & Storrs PC

In response to the ongoing delays and uncertainty caused by the COVID-19 pandemic, Governor Brown signed House Bill 4212 into law in June 2020. The law contains a number of remedial measures affecting the functioning of local governments, judicial proceedings, and a host of ministerial acts of the State. Section 7 of HB 4212 addresses the time limits to bring legal claims and give notice of a claim. Of specific interest to the construction industry is the affect this extension may have on a...By...

On January 18, 2021, the Office of Planning (“OP”) introduced its first set of proposed amendments to the Inclusionary Zoning (“IZ”) Regulations to increase inclusionary housing requirements, known as “IZ XL.”...By: Goulston & Storrs PC

Presented by Cohen Seglias attorney Michael F. McKenna on December 3, 2020. Over the past few decades, the design-build delivery method has made a resurgence, presenting an alternative to the traditional design-bid-build project delivery method. In design-build, an owner contracts with a single design-build contractor who bears responsibility for both design and construction, affording the owner the benefit of a single primary contact as well as greater coordination between the design and...By:...

Presented by Cohen Seglias attorneys Matthew Gioffre, Lisa Wampler, and Daniel E. Fierstein on November 17, 2020 for the Western Pennsylvania Chapter of NECA. 2018 saw the enactment of important changes to CASPA, a Pennsylvania law that helps contractors and subcontractors enforce their contractual payment terms. In this Western Pennsylvania Chapter of NECA webinar, Matt Gioffre, Lisa Wampler, and Dan Fierstein will review CASPA basics and highlight key aspects of the 2018 changes. They will......

Market Trends: What You Need to Know - According to the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies, financial statement representations are universally required from sellers in private company M&A deals, included in 100% of transactions covered by the most recent study in 2019. Originally Published in Bloomberg Law - January 2021....By: Goulston & Storrs PC

Design-build contracts (and their lesser utilized counterpart—engineering, procurement, and construction (EPC) contracts) are prevalent in the construction industry. Though far from a new contractual relationship, design-build contracts are increasingly chosen by owners in an attempt to reduce risks and costs. The design-build model differs from the “traditional” design-bid-build model in that, with the traditional model, an owner is often very involved in both the initial design of the proje...

Market Trends: What You Need to Know - As reflected in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies... Originally published by Bloomberg Law....By: Goulston & Storrs PC