Our Blog

Articles and news from our firm.

Risk Management Assessment for Condos and HOAs

Originally posted on February 13, 2012 by Ryan Here is a link with tips on how to be sure you are covered by your association’s Directors and Officers (D&O) insurance. This site and any information contained herein is intended for informational purposes only and...

Association Meetings Must be Properly Noticed

Originally posted on December 12, 2011 by Ryan Bd. of Managers of Park Regent Condo. v. Park Regent Assoc., No. 2009-04227, N.Y. Supr. Ct., App. Div., March 30, 2010. A condominium regime in New York was recently involved in litigation over the validity of an...

Ambiguous Covenant Construed to Permit Pet Bird

Originally posted on December 12, 2011 by Ryan Breakwater Cove Condo. Ass’n v. Chin, No. A-1420-09T3, N.J. Super. Ct., App. Div., Dec. 2, 2010. A unit owner at Breakwater Cove kept two birds in her unit. The association informed her that she was in violation of the...

Association Can Enforce Zoning Regulations

Originally posted on December 12, 2011 by Ryan Ariyan v. Pine Orchard Ass’n, Inc., No. CV084034207S, Conn. Super. Ct., Dec. 3, 2010. The court in this case held that the Pine Orchard Association had the authority to enforce zoning regulations within the association. ...

Limited Home Warranty Waived Implied Warranty of Habitability

Originally posted on December 12, 2011 by Ryan Jones v. Centex Homes, 189 Ohio App. 3d 668 (2010). The Joneses entered into a sales agreement with Centex Homes for the construction of a new home.  The agreement included a Limited Home Warranty provision covering...

LLC Members are not Protected from all Liability

Originally posted on July 22, 2011 by Ryan Sturm v. Harb Development, 298 Conn. 124, 2 A.3d 859 (2010). Members of limited liability companies may be surprised to know that they can be sued individually when they personally direct or participate in tortious conduct....

Sub Lulled into Believing Contractor Would Pay

Originally posted on July 22, 2011 by Ryan Cleveland Construction, Inc. v. Ellis-Don Construction, Inc., 2011 N.C. App. LEXIS 641 (April 5, 2011). The statute of limitations tolled on a subcontractor awaiting payment from a general contractor. Usually this would bar...

Liquidated Damages Upheld Unless Extraordinarily Disproportionate

Originally posted on July 22, 2011 Weis Builders, Inc., 2010 ASBCA No. 56306, LEXIS 13 (Feb. 17, 2010). The U.S. Army Corps of Engineers awarded Weis Builders, Inc. a design/build contract for family housing at Minot AFB in North Dakota valued at $350 million.  The...

Negligent Bid Recommendation

Originally posted on July 22, 2011 by Ryan Sunland Constr. Co. v. Wilbur Smith, Inc.,  387 F. App’x 361 (4th Cir. 2010). In this recent Fourth Circuit case, a construction company sued the city of Myrtle Beach for breach of contract after the City terminated its...

DOL Heat Illness Campaign

Originally posted on May 10, 2011 by Ryan As another sweltering South Carolina summer drags on, it is important for construction owners and employees to keep safety in mind. The Department of Labor started Heat Illness Campaign to inform workers on heat illness...

Back Charges Must be Reasonable

Originally posted on May 10, 2011 by Ryan Younger-Holmes Electrical Contractors, Inc. v. BE&K Building Group, LLC, 2010 U.S. Dist. Lexis 128559 (D. Okla. Dec. 3, 2010). In this case, BE&K (GC) hired Younger-Holmes (Sub) to provide electrical work on a medical...

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