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Real Estate, Title Insurance & Construction Law

New Jersey Law Journal

October 14, 2009

Building Information Modeling Is Revolutionizing Construction
BIM has the potential to revolutionize construction by reducing costs, increasing quality, reducing conflicts and even achieving designs that would be impossible without this technology.
By Robert C. Epstein, Jacqueline Greenberg Vogt and David C. Jensen

A Work In Progress: The Supreme Court and Congress Sculpt a New False Claim Act
There are many implications from the enhancements made by Fraud Enforcement Recovery Act to the False Claims Act, as well as significant changes now being debated in Congress.
By David W. Kiefer

Right of First Refusal to Lease Additional Space Terminates Upon the Expiration of the Lease Term
A lease should provide clear and precise language specifying that a right of first refusal or option to purchase expires at or before the end of the applicable lease term or renewal term and will not apply to a holdover tenancy.
By Arnold Litt

From Distressed to Success: Strategies for Lenders Holding Distressed Planned Community and Condominium Assets
Lenders will likely encounter unique issues when acquiring or holding distressed developments as a result of foreclosure or deed in lieu.
By M. Maxine Hicks, Constance P. Haywood, and Jenny A. Lipana

Builders, Contractors and Homeowners: Beware
Given the high number of bankruptcies, insolvencies, and business failures in the construction industry, the shift away from providing coverage for property damage caused by substandard subcontractor workmanship would, in many cases, leave injured homeowners without practical recourse.
By Donald B. Brenner and Thomas J. Pryor

200 Feet is Not Enough
A recent appellate division case decision holds that notice of a public hearing on an application for development may be required to parties not included on the certified list of property owners within 200 feet of the subject property.
By Howard D. Geneslaw

A Guide to Insurance Coverage For Construction Projects
An abbreviated and simplified guide to coverage disputes that will allow project participants to be prepared for the obstacles they are likely to encounter in filing an insurance claim for a construction project loss.
By James A. Kozachek

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