http://buildonthis.com/ en Copyright 2008 Thu, 26 Jun 2008 12:08:12 -0500 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss By: Eric J. Neuman, Esq., Buckingham Doolittle & Burroughs, LLP In Pugliese v. Pukka Development, 524 F.Supp.2d 1370 (S.D. Fla. 2007) the Federal U.S. District Court for the Southern District of Florida issued a decision that directly contradicts existing Florida State caselaw regarding the impact of a developer’s qualifying for the so-called “Under 100 Lot” exemption from the Federal Interstate Land Sales Full Disclosure Act 15 U.S.C. 1701 et seq. (“ILSA”). http://buildonthis.com/2008/06/recent_line_of_court_decisions.php http://buildonthis.com/2008/06/recent_line_of_court_decisions.php Thu, 26 Jun 2008 12:08:12 -0500 Several of our clients who own shopping centers have expressed concern about the 2004 United States Supreme Court ruling of Kelo v. City of New London and its possible impact in Florida. In Kelo, the Supreme Court upheld the exercise of eminent domain power by a Connecticut city, New London, to take private property owned by residents of New London in furtherance of a private redevelopment plan. The Supreme Court ruled that the redevelopment plan was considered a public use, thereby justifying the city’s exercise of eminent domain. http://buildonthis.com/2008/05/eminent_domain_in_florida_kelo.php http://buildonthis.com/2008/05/eminent_domain_in_florida_kelo.php Tue, 13 May 2008 16:57:17 -0500 Due to its excellent climate and favorable job opportunities, Florida typically attracts many new, permanent residents on a daily basis who bring Florida growth and additional income. As a result, many people believed that Florida was immune from the economic downturn afflicting the rest of the country. Due to higher energy and food costs and the bursting of the speculative real estate investment bubble across the country, however, Florida has been impacted. http://buildonthis.com/2008/05/florida_market_conditionsfirst.php http://buildonthis.com/2008/05/florida_market_conditionsfirst.php Tue, 13 May 2008 16:54:18 -0500 H.B. 190 (eff. Nov. 14, 2007) – Requires private contractors who work with a school district for a “regular period of time” to run background checks on all employees assigned to a district building or project. Public owners are beginning to rely upon this newly enacted statute to require private contractors to obtain fingerprints and request both an Ohio Bureau of Criminal Identification and Investigation (“BCII”) and an FBI records check prior to assigning employees to work on district projects. Further, the background check must be repeated every five years for each employee, and private contractors hired by school districts must pay the cost of these checks. http://buildonthis.com/2008/04/legislative_update_criminal_ba.php http://buildonthis.com/2008/04/legislative_update_criminal_ba.php Mon, 14 Apr 2008 16:05:05 -0500 Summary: When federal funds are involved on a local project, the local municipality needs to be very cautious when attempting to institute local hiring preferences. Courts will most likely side with the decision made by the federal agency provided that decision is not arbitrary or capricious.]]> http://buildonthis.com/2008/04/case_summary_local_hiring_preferences_can_result_in_withdrawal_of_federal_funds_on_a_city_project_city_of_cleveland_v_state_of_ohio_et_al_2007_wl_4123743_ca_6_ohio_.php http://buildonthis.com/2008/04/case_summary_local_hiring_preferences_can_result_in_withdrawal_of_federal_funds_on_a_city_project_city_of_cleveland_v_state_of_ohio_et_al_2007_wl_4123743_ca_6_ohio_.php Construction Mon, 14 Apr 2008 15:51:51 -0500 Columbus Dispatch. The bill includes a requirement that at least 70 percent of properties in a targeted area be deemed "blighted" before the government can take the land. A companion constitutional amendment failed to garner the votes needed to appear on the November ballot.]]> http://buildonthis.com/2007/06/ohio_legislature_approves_emin_1.php http://buildonthis.com/2007/06/ohio_legislature_approves_emin_1.php Thu, 28 Jun 2007 11:09:56 -0500 H.B. 220, which would establish Ohio's first planned community law. The proposed law would clarify and expand the powers of homeowners' associations. Check back for further updates as the bill proceeds through the legislative process.]]> http://buildonthis.com/2007/06/ohio_legislature_considers_hom.php http://buildonthis.com/2007/06/ohio_legislature_considers_hom.php Tue, 26 Jun 2007 13:16:32 -0500 The Cleveland Plain Dealer reports that developer Scott Wolstein, the Cleveland-Cuyahoga County Port Authority, and all but one property owner have reached a settlement in the eminent domain case pending in the Cuyahoga County Probate Court. Owner James Kasouf refused to settle, arguing that his property is worth substantially more than he was offered in settlement. The trial will resume on August 1 to resolve his claim.]]> http://buildonthis.com/2007/06/flats_eminent_domain_case_near_1.php http://buildonthis.com/2007/06/flats_eminent_domain_case_near_1.php Mon, 18 Jun 2007 18:02:32 -0500 Click here for additional information from the Plain Dealer.]]> http://buildonthis.com/2007/06/ohio_senate_passes_restriction_1.php http://buildonthis.com/2007/06/ohio_senate_passes_restriction_1.php Fri, 01 Jun 2007 10:41:36 -0500 Cleveland Plain Dealer. If the court finds that the taking is justified, the value of the properties will be determined by a jury. Opponents contend that the use of eminent domain in this case is not for the benefit of the public, but for the benefit of a private developer. Proponents argue that the redevelopment of the run-down east bank of the Flats will benefit the entire city.]]> http://buildonthis.com/2007/05/eminent_domain_battle_over_cle.php http://buildonthis.com/2007/05/eminent_domain_battle_over_cle.php Eminent Domain Wed, 09 May 2007 09:02:34 -0500 Cincinnati Enquirer. Cleveland Construction sued the city after its low bid was rejected in favor of a higher bid from a contractor that used small business and minority subcontractors.]]> http://buildonthis.com/2007/05/ohio_supreme_court_to_hear_min.php http://buildonthis.com/2007/05/ohio_supreme_court_to_hear_min.php Construction Thu, 03 May 2007 09:01:54 -0500 Cleveland Plain Dealer reports that Cuyahoga County Probate Judge John Donnelly ruled in favor of the city of South Euclid, which sought to obtain a portion of the Cedar Center shopping center for redevelopment. Four tenants contested the city's right to take the property. The city will now proceed with selecting a developer to rehabilitate the South Euclid portion of the shopping center.]]> http://buildonthis.com/2007/05/south_euclid_prevails_in_emine.php http://buildonthis.com/2007/05/south_euclid_prevails_in_emine.php Eminent Domain Tue, 01 May 2007 09:01:15 -0500 James Simon and Donald Leach In late 2006, the Ohio General Assembly passed H.B. 694, a sweeping reform of Ohio’s campaign finance laws that affects all public contractors and design professionals. This new law severely constrains public contractors’ and design professionals’ ability to make political contributions to officeholders that award bid or unbid public contracts valued over $500. Its impact is not limited to construction related contracts as affected public contracts include all those let by the state, state agencies and political subdivisions, including local governments and appointed boards, agencies and commissions. H.B. 694 imposes harsh sanctions, including criminal prosecution and contract rescission, for contractors that violate its limits. The provisions of H.B. 694 affect all contributions made after January 1, 2007. Under the new law an officeholder (and all boards, agencies or commissions the officeholder appoints) cannot award a public contract if the officeholder received campaign contributions exceeding $1,000 during the preceding two years from an individual owner, member, partner, 20% shareholder or professional corporation shareholder of a public contractor. The limit includes contributions by owners’ spouses and minor children.]]> http://buildonthis.com/2007/04/public_contractors_beware.php http://buildonthis.com/2007/04/public_contractors_beware.php Construction Mon, 30 Apr 2007 09:00:12 -0500 Dugan & Meyers Constr. Co., Inc. v. Ohio Dept. of Adm. Servs., 2007-Ohio-1687. Plaintiff Dugan & Meyers (“D&M”) was terminated on a public project at the Ohio State University and was assessed liquidated damages for 188 days of delay in completion, apportioned between D&M and three subcontractors. D&M brought suit in the Court of Claims to recover its cost overruns, alleging that the additional costs were due to inaccurate plans and specifications provided by the public owner. The referee in the Court of Claims agreed, finding that under the 1918 U.S. Supreme Court decision, Spearin v. United States, D&M was entitled to rely on the accuracy of owner-provided plans and specifications. The Court of Claims agreed with the referee’s recommendations and granted judgment in favor of D&M. ]]> http://buildonthis.com/2007/04/1997_no_damage_for_delay_claus.php http://buildonthis.com/2007/04/1997_no_damage_for_delay_claus.php Construction Thu, 26 Apr 2007 08:58:45 -0500 Plain Dealer. The Mayor favors reducing most abatements to seven years from 15, with 12 year abatements for environmentally-friendly design. Many developers believe the abatement program is essential to building new housing in Cleveland.]]> http://buildonthis.com/2007/04/cleveland_city_council_not_lik.php http://buildonthis.com/2007/04/cleveland_city_council_not_lik.php Ohio Real Estate Thu, 19 Apr 2007 08:53:05 -0500