United States: Real Estate and Construction

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.

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.

In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins

Purchasing a residential property with existing tenants requires careful attention to lease agreements, possession rights, and financing requirements. Understanding how tenant occupancy affects closing timelines, security deposits, and the buyer's ability to occupy or use the property can prevent costly surprises and legal complications during the transaction process.

It’s an uncomfortable topic, but it also creates immediate legal and financial questions for surviving family members, sellers, lenders, and real estate professionals.

Recent amendments to Mass. R. Prof. C. 1.15 have significantly changed how Massachusetts law yers must handle unclaimed and unidentified funds held in IOLTA accounts.

A revocable living trust (sometimes called a revocable inter vivos trust) is a legal arrangement you create during your lifetime to hold legal title to your assets.

Jennifer D'Amato explores the critical techniques and strategies available under Wisconsin law for post-death estate administration, examining how legal professionals can help families minimize costs, delays, and conflicts during the probate process. The article provides practical guidance on navigating the various administration options available in Wisconsin's aging population landscape.

Leaving real estate to heirs through a will or a revocable trust has long been standard practice in estate planning. Many clients expect to pass along the home they have lived in for years...

The Eighth Circuit's affirmation of a $1 billion settlement in Burnett v. National Association of Realtors marks a watershed moment in antitrust litigation, fundamentally restructuring how buyer-broker commissions operate in residential real estate. The decision upheld the elimination of NAR's longstanding Cooperative Compensation Rule while addressing critical procedural questions about nationwide class action settlements, release scope, and attorneys' fees. What does this landmark ruling mean for companie

The Endangered Species Act (ESA) imposes significant obligations on real estate developers and property owners, including prohibitions on unauthorized take of listed species and mandatory federal consultation requirements. Understanding ESA compliance requirements, incidental take permits, and conservation planning options is essential for navigating development projects that may affect threatened or endangered species or their designated critical habitats.

Idaho community association law has changed materially over the last two legislative sessions. The changes are especially important for newer homeowners associations, associations dealing with accessory dwelling units, and boards enforcing rental restrictions.