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ARTICLE · 13 JULY 2023

Construction & Claims: July 2023

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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration...

United StatesReal Estate and Construction
Nossaman LLP
Nossaman LLP
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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes.

The California Supreme Court Clarifies the Failure to Warn Test for the Government Claims Act's Design Immunity Provision

In Tansavatdi v. City of Rancho Palos Verdes (2023) 14 Cal.5th 639, the California Supreme Court held that Government Code section 830.6, which protects public entities from claims alleging dangerous conditions on public property if: (i) the design was approved by a public agencies' legislative body or their designee; and (ii) substantial evidence supports the reasonableness of the approval, does not protect public entities for failing to warn of an allegedly dangerous design of public property.

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More For The Missing-Middle: SB 1116 Expands Starter Home Revitalization Act (SB 684/1123)

California's Starter Home Revitalization Act receives significant enhancements through Senate Bill 1116, expanding site eligibility criteria, limiting local zoning restrictions, and invalidating certain private deed covenants to accelerate small-lot residential subdivisions. The legislation introduces streamlined 60-day ministerial approvals while establishing new rules for lot size averaging, height restrictions, and concurrent permit processing that fundamentally reshape the pathway for starter home devel
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California Contractors Get A Much-Needed Break: SB 342 Softens The Harsh Consequences Of Contractor License Lapses

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New York City Rent Freeze Faces Legal Challenge As Court Considers Landlords’ Claims

Landlords of rent stabilized buildings in New York City have filed a lawsuit challenging the rent freeze passed by the Rent Guidelines Board, questioning the Board's independence and data integrity. With operating costs rising 31% over five years while the Board voted 7-1 for a freeze affecting 1 million apartments, the case raises critical questions about the balance between tenant protection and landlord viability.
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New Florida Law Adds Licensing Risk To Contractor/Subcontractor Payment Disputes

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