Although the air may not be cool and crisp yet, it is August, and in the South, that means football season is just around the corner.  Perhaps it is “football brain” that drove our thoughts in presenting recommendations for creating and running a successful joint venture (“JV”), resulting in the analogies discussed below.  However, we believe it is more than that.  A successful joint venture, much like a successful football program, requires thoughtful planning during the inception phase, strong leadership with well-defined roles, and careful risk management. Coin-toss, kick-off, and read on to learn effective ways to make your JV perform like it is playing on the varsity team.
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A New Jersey court recently reversed a variance issued by a zoning board to a building designed to achieve LEED Gold certification.  The owner of the planned office building sought and obtained site plan approval and a height variance from the zoning board.  Among other things, the zoning board found that the landscaping plan “conserves natural resources and prevents degradation of the environment,” that the site plan fulfilled planning goals of reducing impervious coverage, and that achieving the LEED Gold standard for energy use, recycling and waste disposal “promotes the [land use law’s] purpose of promoting utilization of renewable energy resources.” (more…)

The U.S. Court of Appeals for the Eleventh Circuit has issued an important opinion that is good for contractors making claims on general liability policies, and not so good for the insurers issuing those policies.  Specifically, the Eleventh Circuit reversed the District Court’s decision in favor of the insurer, and directed that judgment be entered in favor of the contractor establishing that the insurer was obligated to satisfy a $350,000 judgment entered against the contractor and in favor of the property owner in a separate lawsuit. (more…)