North America: Real Estate and Construction

New York City faces a critical housing shortage, and developers are increasingly turning to contaminated brownfield sites as opportunities for affordable housing development. This episode explores the complex intersection of environmental remediation, financial incentives, and policy reforms that make building on these challenging properties possible.

Conservation easements are a common tool for protecting agricultural land, open space, wildlife habitat, and other natural resources throughout California. While frequently associated with conservation efforts, conservation easements are fundamentally a property-rights mechanism that allows landowners to limit future development while retaining ownership of their land.

When a building owner issued hundreds of design changes worth over $2.7 million in extra work but refused to grant schedule extensions, could they still claim liquidated damages for delays? The BC Court of Appeal's decision in CIMIC Morningstar Investments Ltd. v. Chandos Construction Ltd. examines four critical principles that construction parties must understand when managing delay disputes, including notice compliance, promissory estoppel, and the prevention principle.

AB 1156 (Wicks), the “Farm to Solar” bill, was approved by the Legislature last week and is expected to be signed into law by Governor Newsom. The bill makes it easier for farmers to turn water-constrained farmland into solar energy projects by providing relief from Williamson Act contract requirements, both regular 10-year contracts and 20-year Farmland Security Zone contracts.

Bill C-30 has amended Canada's Pest Control Products Act, potentially streamlining emergency pesticide approvals while raising concerns about international trade implications.

The U.S. Department of Agriculture has proposed rescinding the 2001 Roadless Rule. The proposal does not apply in Idaho or Colorado, which remain governed by separate roadless rules. Comments on the proposed rule, draft environmental impact statement, and cost-benefit analysis are due September 21, 2026.

Purchasing a condominium in Ontario requires thorough examination of the status certificate, which reveals the corporation's financial health, legal matters, and governing rules.

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.

New York City faces a critical housing shortage, and developers are increasingly turning to contaminated brownfield sites as opportunities for affordable housing development. This episode explores the complex intersection of environmental remediation, financial incentives, and policy reforms that make building on these challenging properties possible.

Conservation easements are a common tool for protecting agricultural land, open space, wildlife habitat, and other natural resources throughout California. While frequently associated with conservation efforts, conservation easements are fundamentally a property-rights mechanism that allows landowners to limit future development while retaining ownership of their land.

Construction projects rarely go exactly as planned. Design changes, delayed access, unexpected site conditions, changes in sequencing, acceleration and other project impacts can increase the cost of completing the work.