Legal

Still Time to Submit Legal Action Fund Requests

Filed in Legal by on December 18, 2018 0 Comments
Still Time to Submit Legal Action Fund Requests

Don’t miss your opportunity to apply for the NAHB Legal Action Fund, which provides financial assistance to state and local HBAs, as well as their builder/developer members, involved in litigation with the potential to significantly affect the industry. Applications are due Jan. 14. This round will be considered at the 2019 International Builders’ Show in Las Vegas, on Feb. 18

Continue Reading »

Supreme Court to Hear Case Challenging Power of Federal Regulators

Filed in Legal by on December 12, 2018 3 Comments
Supreme Court to Hear Case Challenging Power of Federal Regulators

The U.S. Supreme Court on Dec. 10 agreed to hear a case that has widespread implications for how courts handle challenges to all agency regulations. The case, Kisor v. Wilkie, addresses the issue of whether courts should defer to an agency’s interpretation of its own regulations.

Continue Reading »

Court Rules in Favor of OSHA’s Multi-Employer Citation Policy

Filed in Labor, Safety and Health, Legal by on December 5, 2018 1 Comment
Court Rules in Favor of OSHA’s Multi-Employer Citation Policy

The Fifth Circuit Court of Appeals last week ruled that the Department of Labor can cite general contractors for workplace safety violations that put subcontractors’ workers in danger. The case explored the legality of OSHA’s multi-employer citation policy. 

Continue Reading »

Supreme Court Unanimously Sides with NAHB Members in Dusky Frog Case

Filed in Codes and Regulations, Land Development, Legal by on November 28, 2018 0 Comments
Supreme Court Unanimously Sides with NAHB Members in Dusky Frog Case

The U.S. Supreme Court Tuesday handed down a decision in Weyerhaeuser Co. v. United States Fish and Wildlife Service, giving a huge victory to two NAHB members and land developers across the country.

Continue Reading »

State Supreme Court Rules that CGL Policies Do Not Cover Faulty Subcontractor Work

Filed in Legal by on October 10, 2018 0 Comments
State Supreme Court Rules that CGL Policies Do Not Cover Faulty Subcontractor Work

In a case the home building industry was watching closely, the Ohio Supreme Court ruled that a commercial general liability policy, even with a products-completed operations-hazard clause, does not cover faulty work performed by a subcontractor that results in property damage.

Continue Reading »

Supreme Court Hears ‘Takings’ Arguments

Filed in Land Development, Legal by on October 4, 2018 0 Comments
Supreme Court Hears ‘Takings’ Arguments

The U.S. Supreme Court on Oct. 3 heard arguments in Knick v. Township of Scott, an important land use case which could decide whether a plaintiff can bring a Fifth Amendment “takings” claim in federal court. NAHB filed a merits-level amicus brief in June.

Continue Reading »

Supreme Court Hears Members’ Dusky Frog Case

Filed in Environmental, Land Development, Legal by on October 3, 2018 0 Comments
Supreme Court Hears Members’ Dusky Frog Case

The U.S. Supreme Court opened a new term Oct. 1 by hearing oral argument in Weyerhaeuser v. United States Fish and Wildlife Service, which involves a clash between two NAHB members and the dusky gopher frog. NAHB has been involved in the case from the start, most recently weighing in with an amicus brief on the merits of the case.

Continue Reading »

Supreme Court Ready to Hear 2 Important Cases

Filed in Land Development, Legal by on September 28, 2018 1 Comment
Supreme Court Ready to Hear 2 Important Cases

The U.S. Supreme Court starts a new term on Monday, Oct. 1 with two cases that home builders have been following closely.

Continue Reading »

NAHB Seeks Additional ‘Safe Harbor’ for Accessibility Requirements

Filed in Codes and Regulations, Legal, Multifamily by on September 26, 2018 0 Comments
NAHB Seeks Additional ‘Safe Harbor’ for Accessibility Requirements

The Department of Justice is seeking NAHB’s assistance to help home builders and design professionals better understand the Fair Housing Act’s accessibility provisions. In an August letter to HUD officials, NAHB provided some concrete assistance.

Continue Reading »

Arbitration Trumps Litigation: Home Builder Construction Disputes

Filed in Business Management, Legal by on September 12, 2018 2 Comments
Arbitration Trumps Litigation: Home Builder Construction Disputes

Arbitration is widely used in most industries and is particularly beneficial for home builders and homeowners to expeditiously settle construction disputes, which are often technical in nature.

Continue Reading »