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Donovan Swift

Donovan Swift

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April 23, 2024 | The Recorder

How Alameda County Became Mired in a Recall Rules Roulette

"Rather than making a clear choice between the charter or the state rules, the county clerk used both," write Joshua Spivak and David A. Carrillo of the California Constitution Center at Berkeley Law.

By Joshua Spivak and David A. Carrillo

6 minute read

April 23, 2024 | New Jersey Law Journal

Real Estate and Construction Law Special Section 2024

The special section this year covers everything from affordable housing, flood insurance, pronouns in real estate contracts, and much more, both offering a glimpse of legislation to come, as well as helping understand existing and recently enacted law.

By New Jersey Law Journal

3 minute read

April 23, 2024 | New Jersey Law Journal

From Clouded Titles to Clear Solutions: Defending Against Construction Liens

"While it is very difficult to prevent construction liens, vetting subcontractors, good communication, careful documentation, and paying contractors on time and in full may help to avoid this problem," write Jacqueline Greenberg Vogt and Boris Peyzner of Mandelbaum Barrett.

By Jacqueline Greenberg Vogt and Boris Peyzner

7 minute read

April 23, 2024 | New Jersey Law Journal

Appellate Division Rejects Objectors' Attempt To Challenge Development Approvals

"The tension between ensuring finality of municipal action and flexibility permitting a merits-based determination was front and center in the 'Kinney' case," write Stephen R. Catanzaro and Erin Hodgson of Day Pitney.

By Stephen R. Catanzaro and Erin Hodgson

7 minute read

April 23, 2024 | New Jersey Law Journal

Commercial Real Estate Due Diligence in New Jersey: Best Practices for Lenders

"The eventual influx of new CRE loans will lead to a substantial amount of due diligence on both new and existing real estate collateral," says Zachary Rosenberg of Bressler Amery & Ross.

By Zachary Rosenberg

9 minute read

April 23, 2024 | New Jersey Law Journal

New Jersey's Prompt Payment Act: Construction Contract Considerations for Developers and Owners

"Where the owner fails to remit timely payment of an approved invoice, after giving seven calendar days' notice, the unpaid party may suspend performance of the construction contract until the payment is made," writes Robert C. Epstein of Greenberg Traurig.

By Robert C. Epstein

7 minute read

April 23, 2024 | New Jersey Law Journal

New Economic Incentives for Developers of Affordable Housing Are on the Horizon

"Given the significant outstanding need in New Jersey for inclusionary and affordable housing, these actions are a clear legislative step, creating fundamental changes in how housing might be incentivized and financed," according to Cameron W. MacLeod and Kenneth D. McPherson III of Gibbons.

By Cameron W. MacLeod and Kenneth D. McPherson III

8 minute read

April 23, 2024 | New Jersey Law Journal

Changes in New Jersey Sheriff's Foreclosure Sale: How Residential and Non-Residential Properties Are Impacted

"The amendments attempted to rectify various issues raised by the uptick in the amount of abandoned blighted properties," write Michael L. Rich and Benjamin L. Lindeman of Porzio Bromberg & Newman.

By Michael L. Rich and Benjamin L. Lindeman

8 minute read

April 23, 2024 | New Jersey Law Journal

How to Prepare for the Growing Prevalence of Modular Construction

"It will be imperative for project owners to understand where the prospective modular contractor sits in relation to the other contractors working on the project," writes Aaron S. Brotman of Cole Schotz.

By Aaron S. Brotman

7 minute read

April 23, 2024 | New Jersey Law Journal

What You Need to Know About the New Jersey Flood Risk Notification Law

"As a direct response to the increased flood risks, New Jersey enacted a Flood Risk Notification Law. The law imposes strict requirements for landlords and sellers of real estate in the state," writes Mercedes Diego of Cohn Lifland Pearlman Herrmann & Knopf.

By Mercedes Diego

5 minute read