Real Estate Litigation

Don’t Be Lazy with Your Tenders

By Rick Erickson Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider spending an appropriate and adequate amount of time, money and effort when sending notices, or “tenders,” to enforce those critical […]

October 13, 2022 | 4 min read | Tagged: construction contracts, construction defect litigation, construction law, construction litigation, contracts, duty to defend, duty to indemnify, indemnification, indemnity, insurance coverage, legal notice, liability insurance, notice of claims, real estate development, residential construction, residential real estate development, tender of defense, tender of defense and indemnity

RE

Rick Erickson Partner

Cybersecurity on Your Project: Why Not Follow National Security Strategy?

By Rick Erickson In its recent Cybersecurity Strategy, the U.S. Department of Homeland Security (DHS) defined “cyberspace” as “the independent network of information technology infrastructure, including the Internet, telecommunications networks, computers, information and communications systems, and embedded processors and controllers.”  To DHS, protecting cyberspace includes threats against “federal and nonfederal information systems.”  In other words, […]

August 20, 2018 | 7 min read | Tagged: breach of contract, builder, chief information officer, construction, construction law, construction management, contractor, cyber, cyber threat, cybersecurity, design team, DHS, electronically stored information, ESI, general contractor, homeland security, information systems, liability insurance, national security, national security strategy, network security, project manager, real estate, real estate development, risk management, subcontractor

RE

Rick Erickson Partner

A Purchaser Who Doesn’t Inquire May Be Teeing Up For Failure

  By: Erica Stutman Picture this:  While on the hunt for new development opportunities, you stumble across a golf course in the middle of a high-end community, and you think this would be the perfect spot for more houses, or a retail center, or a movie theater, or …oh, the possibilities are endless!  Better yet, […]

April 2, 2015 | 3 min read | Tagged: equitable easement, equitable servitude, golf course, implied easement, implied servitude, real estate development, real property, restrictive covenant

ES

Erica Stutman Counsel