Legal

New York’s Highest Court Protects Business Partnership Principles

Filed in 55+ Housing, Construction Industry, Legal by on April 12, 2018 0 Comments
New York’s Highest Court Protects Business Partnership Principles

The New York Court of Appeals in March issued a decision that provides clarity for New York business partnerships, including those involving home building and development companies.

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NAHB Joins Ohio HBA in Construction Defect Case

Filed in Business Management, Legal by on April 11, 2018 0 Comments
NAHB Joins Ohio HBA in Construction Defect Case

In a case the home building industry is watching closely, NAHB joined the Ohio HBA April 10 in filing an amicus brief in the case of Ohio Northern University v. Charles Construction Services, Inc. The Ohio Supreme Court is reviewing a lower court ruling that an insurer has a duty to defend and indemnify a contractor against claims made by a project owner for property damage allegedly resulting from defective work performed by the contractor’s subcontractors.

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NAHB Settlement Clarifies ‘Critical Habitat’ for Endangered Species

Filed in Codes and Regulations, Environmental, Legal by on March 20, 2018 0 Comments
NAHB Settlement Clarifies ‘Critical Habitat’ for Endangered Species

NAHB and three other national trade associations have reached a major settlement agreement with the U.S. Fish and Wildlife Service and National Marine Fisheries Service, committing the Services to reconsider two rules finalized by the previous Administration that made sweeping and unlawful changes to long-existing Endangered Species Act regulations.

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Avast, Ye Owners: Don’t be a Music Pirate

Filed in Codes and Regulations, Legal, Multifamily by on March 13, 2018 1 Comment
Avast, Ye Owners: Don’t be a Music Pirate

Does your leasing or sales center ever have music playing in the common areas? Is there music playing over a speaker system at the pool, the community room, the fitness center or the coffee bar? If you don’t have the rights to play this music, you may be fined for piracy.

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6th Circuit Court Vacates WOTUS Rule Stay

6th Circuit Court Vacates WOTUS Rule Stay

There is a new development in the never-ending saga that is the 2015 Clean Water Rule. Today, the 6th Circuit took the formal action of vacating its temporary injunction and dismissing all of the challenges to the rule.

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NAHB Seeks Nationwide Injunction on WOTUS Rule

Filed in Environmental, Land Development, Legal by on February 8, 2018 0 Comments
NAHB Seeks Nationwide Injunction on WOTUS Rule

NAHB joined a broad coalition of farmers, miners and foresters Feb. 7 to ask the U.S. District Court in Texas to issue a nationwide preliminary injunction prohibiting the federal government from enforcing or implementing the 2015 WOTUS Rule, which defines the extent of the Environmental Protection Agency and Army Corps of Engineers’ regulatory jurisdiction under the Clean Water Act.

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Legal Action Fund Fights Building Challenges

Filed in Councils & Committees, Land Development, Legal by on February 8, 2018 0 Comments
Legal Action Fund Fights Building Challenges

The new year has already seen a rise in legal challenges pertaining to the home building industry. At the 2018 International Builders’ Show, the NAHB Legal Action Committee met the challenge for cases in Nevada, Michigan, Colorado, and Idaho.

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Supreme Court to Hear About Frog that Never Was

Filed in Codes and Regulations, Land Development, Legal by on January 23, 2018 0 Comments
Supreme Court to Hear About Frog that Never Was

The U.S. Supreme Court has agreed to review a case concerning whether the federal government may designate about 1,600 acres of private property in Louisiana as “unoccupied critical habitat” for the endangered Dusky Gopher Frog – a designation that translates into $34 million in lost development value for the property’s owner.

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Supreme Court WOTUS Ruling a Win for NAHB

Supreme Court WOTUS Ruling a Win for NAHB

The Supreme Court today ruled that litigation over the controversial 2015 definition of what constitutes “waters of the United States” must be brought in to the federal district courts rather than circuit courts ─ a decision that will finally allow litigation over the rule to move forward.

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NAHB Supports EPA Delay on Formaldehyde Rule

Filed in Environmental, Legal, Remodelers by on December 22, 2017 0 Comments
NAHB Supports EPA Delay on Formaldehyde Rule

NAHB has filed an amicus brief supporting the Environmental Protection Agency’s (EPA) extension of certain deadlines in its formaldehyde regulation for composite wood products. Administrative delays and technical amendments issued at the start of the Trump administration had delayed implementation of the formaldehyde rule, which was originally set for Dec. 12.

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