Use Your Contract to Deal with Recurring Problems

Some industries have problems that happen again and again. Construction has a handful of things that go wrong so often that the U.S. Government created some if-then clauses that go into virtually every government-funded construction contract.

How did Force Majeure Clauses Suddenly Become “Sexy?”

Dusty Boilerplate no Longer.

The Force Majeure (“FM”) clause has long been regarded as one of those boring old boilerplate clauses that rarely get much attention during contract negotiations. I speak from personal experience!

Fair Housing Act Compliance in the era of COVID19

The Intermountain Fair Housing Council, located in Boise, is a nonprofit organization that (among other things) provides education and training on complying with the federal Fair Housing Act.

Construction Project Design – Who Owns it?

Frank mentioned that the A.I.A. contract forms provide that the architect the owner of the copyright in the design of the project, even though the Project Owner (PO) is paying for the design. This means that the PO could face copyright infringement claims from the architect if the PO uses the design elsewhere.

Construction Project Risk Management – the Sooner, the Better!

I participated in the Idaho State Bar Real Property Section’s annual CLE program last week, and got even more value than I expected. Kudos to the section’s officers and to the ISB CLE staff.

Assistance Animals – Best Practices for Housing Providers

HUD Issues Best Practices for Housing Providers in Dealing with Requests for Reasonable Accommodation of Assistance Animals.

Are You Unintentionally Violating Another Professional’s Copyright?

Reminder – Independent Contractors Usually Own the Copyright. As I explored in Who Owns the Copyright to Real Estate Photographs? and Who Owns the Photo Copyright When One Professional Hires Another?, … Continue reading Are You Unintentionally Violating Another Professional’s Copyright?

How Can Regulatory Reform Increase Affordable Housing?

Lack of Affordable Housing has Reached the Crisis Stage.

We read stories of how a shortage of affordable housing is contributing to a wide array of harms. People from Silicon Valley to Boise are finding it increasingly difficult to find housing near their jobs. This contributes to increased air pollution from longer commutes. It also makes it harder for people to show up on time and sufficiently rested to be productive when they are there.

Fair Housing Act Tip: Reasonable Accommodation Definitions and Examples

What the law Requires.

The Fair Housing Act requires landlords to provide reasonable accommodations for
Tenants who have disabilities. That appears to be common knowledge.

Fair Housing Act Tip: Have Written Policies and Apply Them Uniformly

The Fair Housing Act Prohibits Discrimination on Account of Family Status. I recently gave a presentation (graciously provided by the Intermountain Fair Housing Council) to the Brokers Council of Idaho.  … Continue reading Fair Housing Act Tip: Have Written Policies and Apply Them Uniformly