United States: Construction & Planning

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Curated
Managing Construction Risk Through Contracts, Insurance And Early ADR
Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
United States Litigation
J
JAMS
Curated
The Hidden Cost Of Waiting Too Long To Mediate Construction Claims
Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps, supply chain disruptions, price volatility, regulatory delays and geopolitical uncertainty continue to make claims and disputes a fact of life in the construction industry.
United States Litigation
J
JAMS
Article
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate
Netflix's $1 billion Fort Monmouth studio investment is transforming Monmouth County's real estate landscape, creating unprecedented opportunities across industrial, hospitality, and commercial sectors. With 12 soundstages under construction and 86% of the former military base now under contract, sophisticated investors are repositioning their strategies to capture value in adjacent submarkets before the 2027 opening.
United States Real Estate
SH
Scarinci Hollenbeck LLC
Article
The Leak Is Not The Beginning Of The Story: Why Building Envelope Lawsuits Often Start Years Earlier
Ankura's insights hub showcases their latest thought leadership across cybersecurity threats, corporate governance reforms, regulatory investigations, and market analysis. From building envelope litigation to AI-driven cyber risks and retail sector dynamics, these expert perspectives address critical challenges facing businesses today.
United States Commercial
AC
Ankura Consulting Group LLC
Article
Fast-Tracked But Not Frictionless: The Expanding Litigation Front Against The Data Center Boom
The rapid expansion of data centers to meet AI computing demands has triggered a wave of litigation across environmental, land-use, and regulatory fronts. As the Trump Administration pushes to fast-track data center development, local communities and advocacy groups are mounting legal challenges that raise novel questions about federal environmental statutes, state permitting processes, and the balance between infrastructure buildout and public engagement.
United States Environment
AP
Arnold & Porter
Article
Sustainable Development And Land Use Update
California cities are pushing back against state housing mandates through ballot measures and legal challenges, while wildfire-affected communities navigate new building regulations and environmental groups clash over endangered species protections that impact development. From Malibu to the Central Valley, local governments and residents are attempting to reclaim control over housing policy as state preemption laws continue to reshape land use authority.
United States Real Estate
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
Appeals Court Leaves The Door Open For The Builder’s Remedy In The Coastal Zone
California's housing crisis collides with coastal protection laws as a recent appellate court decision examines whether the Builder's Remedy can override Coastal Act restrictions. The New Commune DTLA v. City of Redondo Beach case establishes critical precedent for how coastal jurisdictions must evaluate housing projects under state housing accountability laws. This landmark ruling clarifies the legal standards coastal cities must meet when denying housing developments in protected coastal zones.
United States Real Estate
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
Data Center Zoning Fights Are Won Through Engagement, Not Fiat
As artificial intelligence data centers face mounting public opposition across New York State, developers and municipalities must navigate complex zoning disputes involving environmental concerns, infrastructure strain, and community resistance. This analysis explores strategic approaches for managing contentious AI data center projects, from environmental review processes to public engagement tactics that can transform opposition into productive dialogue.
United States Real Estate
FF
Farrell Fritz, P.C.
Article
Louisiana Rewrites The Rules Of Getting Paid: What Act 822 Of 2026 Means For Companies Involved In Industrial Construction
Act 822 of the 2026 Regular Session (House Bill 638, by Representative Jacob Landry) is a dramatic change in Louisiana private construction law. It amends and reenacts Louisiana’s private prompt-payment statute (La. R.S. § 9:2784) into a comprehensive prompt-payment regime that runs from the top of the payment chain to the bottom.
United States Real Estate
LL
Liskow & Lewis
Article
NJ Supreme Court Raises The Bar For Inherently Beneficial Uses
The New Jersey Supreme Court's recent decision in Monarch Communities, LLC v. Township of Montville fundamentally changes how developers must approach use variance applications for inherently beneficial uses such as senior housing, hospitals, schools, and childcare centers. The ruling establishes that demonstrating public benefit alone is no longer sufficient—applicants must now independently prove their projects align with municipal master plans and zoning ordinances before the traditional balancing
United States Real Estate
RD
Riker Danzig LLP
Article
Proving Construction Damages: More Than A Feeling
Contract damages in construction require more than just a feeling of being wronged—they demand objective proof that losses flowed from the breach and can be quantified with reasonable certainty. Two primary methods, the measured mile and total cost approach, offer different pathways to recovery, but success hinges on building a contemporaneous record from day one that clearly links specific impacts to specific costs.
United States Real Estate
JW
Jones Walker
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