Lien And Bond Claims In May 2024: Dates To Remember

Imagine completing a multimillion-dollar project, performing quality work, paying your subcontractors, and satisfying the owner, only to discover that a temporary contractor license lapse could prevent you from recovering payment for that work or pursuing claims for extra work. For decades, that was the reality under California Business and Professions Code section 7031.

California Governor Gavin Newsom has signed multiple state housing bills into law that will take effect January 1, 2027, introducing significant changes to housing development regulations across the state. These new laws establish streamlined ministerial approval processes for various housing types, from high-density transit hub projects in major cities to townhomes and factory-built housing, while also reforming ADU regulations, permit processing requirements, and density bonus provisions. Will these legis

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

Though highly touted recent legislative enactments addressing California's housing crisis have focused on streamlining high-density, multifamily infill development (see Holland & Knight's previous alert...

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.

Florida's new Section 489.1295 establishes licensing consequences for contractors who fail to timely pay subcontractors and suppliers, effective July 1, 2026. The statute creates disciplinary exposure for knowingly or willfully withholding payment, though it includes important exceptions for bona fide disputes and contractual payment terms. Contractors must now navigate potential license sanctions including fines up to $10,000, suspension, or revocation when payment disputes arise.

A California Court of Appeal has invalidated San Francisco's Empty Homes Tax, ruling that the Ellis Act—which protects property owners' right to exit the rental market—also shields them from being forced to enter it through vacancy taxation. This landmark decision raises critical questions about the viability of similar residential vacancy taxes that other California municipalities have enacted or are considering as housing policy tools.

Illinois landlords will face new rules governing rental fees, disclosures, and application charges beginning January 1, 2027. House Bill 3564 adds “Rental fee transparency and limitations” to the Illinois Landlord and Tenant Act (765 ILCS 705/35).

North Carolina's Senate Bill 445 eliminates the longstanding exceptions that allowed homeowners associations to restrict American and North Carolina flag displays, fundamentally changing two decades...

Facilitating the use of modern manufacturing methods in the production of manufactured and other factory-built housing eligible for federal housing programs.

There are many different tax elections available to taxpayers under federal tax law. And, often, these elections are advantageous. For example, taxpayers can make a qualified electing fund (QEF) election to avoid adverse.

U.S. persons who make outbound investments in foreign corporations often have thorny federal reporting obligations.

Intellectual property ("IP") development can cost millions of dollars so cost recovery timing can be financially material.

The last few years have seen the proliferation of so-called section 643(b) trusts. Although there are various iterations of these trust arrangements...

In residential construction, the recent legislative amendments to Chapter 27 of the Texas Property Code (the Residential Construction Liability Act or the "RCLA")...

Real estate funds and family offices are two types of investors that often (i) purchase equity interests in partnerships and (ii) make in-kind asset distributions...

Developing intellectual property requires both skilled labor and large amounts of capital. Recouping the developer's initial investment and earning profits typically requires monetizing the assets by either sale.

The Internal Revenue Service (IRS) recently issued Private Letter Ruling (PLR) 202504006, addressing several important estate and gift tax questions related to the division of a marital trust...

The Bank Secrecy Act requires U.S. taxpayers to file annual reports with the government if their foreign accounts exceed $10,000 at any time in a calendar year.

Enforcement of data privacy laws across the US is in full force. Most recently, Marriott agreed to a $52 million settlement payment to 50 states, including $3.5 million to the State of Texas, following a data breach of 131 million guest records...