News & Publications

In Electrical Contractors, Inc. v. 50 Morgan Hospitality Group, 212 Conn. App. 724 (2022), the Appellate Court affirmed the trial court's finding that payment from the property owner to the general contractor was a condition precedent to the general contractor's obligation to pay the subcontractor. Here, the plaintiff, an electrical subcontractor on a commercial construction project, sued the defendant, the general contractor, for nonpayment of over $350,000. The subcontract between the plaintiff and defendant provided that [...]

Highlights In a surprising decision, the First District of the California Court of Appeal upheld approval of a 43-unit residential project following years of "not in my backyard" obstruction, government resistance and numerous court challenges. Though it acknowledged that the California Environmental Quality Act (CEQA) was meant to serve noble purposes, the Court expressed frustration that the legislation had devolved into a "formidable tool of obstruction," particularly against projects that increase housing density. The precedent [...]

Highlights The U.S. Court of Appeals for the Sixth Circuit concludes that the right of first refusal contemplated by the federal low income housing tax credit program, 26 U.S.C. § 42(i)(7), "varies markedly" from a right of first refusal in a "typical real estate transaction," such that application of general "common law" definitions of "right of first refusal" and "bona fide offer" would contravene the purpose of Section 42(i)(7). Section 42(i)(7) is a safe harbor [...]