News & Publications

In McMillin Homes Constr., Inc. v. Nat'l Fire & Marine Ins. Co., 35 Cal. App. 5th 1042 (2019), the appellate court reversed the trial court's judgment, finding that a subcontractor's insurer owed a duty to defend the additional insured general contractor in a construction defect suit even though the additional insured endorsement excluded coverage for "property in the care, custody or control of the additional insured." McMillin Homes Construction, Inc. ("McMillin") was the developer and general [...]

Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges. Determining common charges in buildings that are completely residential is typically straightforward — the board develops a budget and then divides the projected common expenses among the units based on each unit's respective percentage of the common interest. However, in a mixed-use building where there are both commercial and residential units, [...]

The IRS has released a second set of proposed regulations on the new tax incentives for investments in Qualified Opportunity Zones (QOZs). The incentives, created by the Tax Cuts and Jobs Act, permit taxpayers to defer, reduce and even permanently exclude capital gains on their investments. The proposed regulations — most of which can be relied upon until final regulations are published — include several provisions that are favorable for real estate investors. Incentives in [...]