Tag: Newsletter Articles

By Edmund A. Allcock Developers and their attorneys across the state are ecstatic about a U.S. Supreme Court ruling that reduces the amount of concessions and conditions municipalities can extract in granting permits. A 5-4 majority in Koontz v. St. Johns River Water Management District held that the U.S. Constitution’s takings clause not only applies to cases in which a project is approved with “extortionate” conditions, but also to those denied when a developer refuses [Read More...]

It happens like this: a subcontractor assigns its right to collect payment on its contract with the general contractor to a bank. The contractor then agrees to the assignment, and to make all payments directly to the bank. But, what if the contractor erroneously makes all payments directly to the subcontractor instead? What if those payments total $3.8 million? Is the contractor liable for the full $3.8 million, even if the bank’s actual damages are [Read More...]

If the economic pundits are correct, it looks like this Spring and Summer will see a significant uptick in unit sales and transactions throughout the region. Which means prospective buyers will be performing more unit inspections including testing for the presence of Radon gas. Accordingly, we thought we would include some information and guidance in this month’s newsletter in the event your Association experiences a gassy situation or a frantic call from a Unit Owner [Read More...]

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