Mitigation Fees: Where Are We? (Podcast)

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’s good news if you make, distribute, or sell canned cocktails, wine-in-a-can, or other ready-to-drink (RTD) products in California: Your delivery team will get more room to work, at least once the product hits the store.

A Tenth Circuit decision examines whether a church's alleged failure to prevent multiple instances of sexual abuse by one perpetrator constitutes a single insurance "occurrence" or multiple occurrences, with significant implications for coverage limits and settlement aggregation. The court found the policy definitions ambiguous and ruled in favor of the church's interpretation that repeated exposure to dangerous conditions could constitute one occurrence.

There has been extensive reporting and commentary on the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653) since it was first introduced on September 30, 2026. Title III of the bill proposes a limited number of amendments to the Endangered Species Act (ESA). Each of the proposed amendments is summarized below.

The Federal Election Commission's electronic filing system was compromised by a cyberattack just days before the 2026 midterm elections, preventing mandatory campaign finance disclosures. Meanwhile, state-level developments include Arizona's Supreme Court limiting the Clean Elections Commission's authority, Washington suspending candidate self-funding restrictions, and Tennessee pursuing legal action against former candidates for unpaid ethics fines.

Elon Musk settles class-action lawsuits over his controversial $1 million daily giveaway during the 2024 election, while courts across multiple states grapple with fundamental questions about campaign finance authority, judicial ballot designations, and the FCC's role in regulating political advertising rates. These developments highlight ongoing tensions between election integrity, administrative authority, and constitutional protections in the American electoral system.

Here is a look at the groundbreaking recommendations from the SB 254 reports and other significant wildfire legislation introduced for the 2026 legislative session, which could fundamentally alter wildfire liability in California.

When acquiring temporary construction easements for infrastructure projects, condemning entities face a critical decision: should they require exclusive control of the work area or allow property owners to maintain shared access? This analysis examines the practical considerations, cost implications, and safety factors that influence whether exclusive or non-exclusive use best serves both construction needs and property owner interests.

With the passage of Proposition 4 (Prop 4) in November 2024, California voters authorized a historic $10 billion climate bond, dedicating $3.8 billion explicitly to safe drinking water, drought preparedness and flood resilience.

The California Legislature passed SB 886 (Padilla), the California Technology Innovation and Ratepayer Protection Act, which requires the California Public Utilities Commission (Commission) to adopt new tariffs and update existing electric rules to ensure that electric utility costs for serving data centers are not shifted to ratepayers. Governor Newsom has until the end of September to sign or veto this bill and the accompanying data center power regulation bill, AB 2383 (Zbur).

California's Senate Bill 1153 has been signed into law, providing significant protection for public water systems against wildfire-related inverse condemnation claims. The legislation clarifies that water suppliers have no duty to design or maintain systems for wildfire suppression and that inability to maintain water supply during wildfires is not a substantial cause of wildfire damages. This landmark legislation may reshape liability exposure and insurance costs for water providers across the state.