Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Colombia Battles U.S. Investors for $17 Billion Treasure
Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA
Lessons Learned from the BizJet Executives FCPA Enforcement Actions
The Growing Role of Social Media in Litigation and How to Prepare for It
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
Attorney Tim Hyland: Why the District Court for the Eastern District of Virginia is Good for Plaintiffs
New Happy Birthday Song, Copyright-Free
Precise Contingency Drafting
Legal Fallout of an Armstrong Confession
Will Congress' Dodd-Frank Mistake Harm Banks?
4 Things to Know About Michigan’s New Right-to-Work Laws
The New SEC Conflict Minerals Rule: Overcoming the Challenges of Compliance
Stealth Lawyer: Alex Patterson, CCO of Tough Mudder
Opinion Release 12-02-Travel for Foreign Governmental Officials Under the FCPA
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Opinion Release 12-01-Is a Royal Family Member a Foreign Official under the FCPA
Authenticity in your Compliance Program
Requirements for Travel for Governmental Officials Under the FCPA
If you supply construction materials and/or equipment then you likely have encountered a joint check agreement. For those that have not yet encountered this arrangement, a joint check agreement is a credit facility...more
On 16 March 2013, new regulations came into force in relation to the Late Payment of Commercial Debts (Interest) Act.
Enacted to incorporate a recent EU Directive, these new regulations introduce a maximum payment...more
Lenders in Illinois might want to take note of pending Illinois House Bill 2804. The bill would amend the Mechanics Lien Act, so as to allow “bonding off” of mechanic liens for the first time in Illinois. Nearly every state...more
On April 3, the Federal Reserve Board and the OCC jointly published a white paper on the regulators’ study of bank performance in the context of 2006 interagency guidance regarding commercial real estate lending that...more
A mechanic's lien is a very powerful tool for prime contractors, subcontractors, suppliers, and laborers to seek compensation for work provided on construction projects. This tool, however, becomes excessive, invalid, and...more
There are significant changes to North Carolina’s mechanics’ lien statute that take effect on Monday, April 1, 2013. These changes impose new duties on property owners regarding the designation of a private lien agent on...more
As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more
In a recent decision from the California Court of Appeals entitled Jolley v. Chase Home Finance, LLC, the Court severely curtailed lenders’ ability to dispose of lender liability claims on summary judgment, thereby adopting a...more
Consider the following scenario: A prime contractor with a financially-shaky subcontractor agrees with the subcontractor's secured lender to make payments directly to the lender, but the word is not passed along to the...more
While many countries today would envy a 7.4 percent economic expansion rate, for China, the world’s second largest economy and the United States' second largest trade partner, that number suggests the lowest economic growth...more
Florida Statute section 718.503(1)(a)1. states, in relevant part, that a contract for the sale of a residential unit must...more
Originally published in the San Francisco Daily Journal - December 26, 2012.
If the sudden 2008 credit crunch can be likened to an earthquake, then the following flood of mechanics lien and stop payment notice...more
Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more
Whenever an agreement is signed, careful attention must be focused on whether the contract or agreement in question properly addresses the issues facing the parties.
One common issue found in Infrastructure Ontario...more
Contractors, sub-contractors and suppliers all need to know how long they have to register their construction lien(s).
The time limits to register a construction lien under the Ontario Construction Lien Act are as...more
“The Rumble in the Jungle…” -
The favored method of developing and delivering completed construction projects in the United States has long been the design-bid-build method. Under this “traditional” method generally,...more
The Nevada Supreme Court issued an important decision on the relative priority of deeds of trust and mechanics' liens in cases of "broken priority." In re: Fontainebleau Las Vegas Holdings, LLC, 128 Nev. Adv. Op. 53 (Oct. 25,...more
On October 25, 2012, the Nevada Supreme Court, in a case of first impression, held that equitable subrogation cannot be used as a method to repair broken priority over mechanics' liens, but left the door open to the potential...more
The Oregon Court of Appeals in SERA Architects, Inc. vs. Klahowya Condominium, LLC, ___ Or. App. ___ (November 7, 2012), held that an architect’s claim of construction lien under Oregon’s Construction Lien Law had priority...more
Now that you know what Infrastructure Ontario is, what types of projects does Infrastructure Ontario fund? Infrastructure Ontario projects tend to fall within two types...more
In Utah, to obtain a waiver of lien rights from a subcontractor, material man, laborer, supplier or any other potential mechanics’ lien claimant, a lender should use the lien waiver and release form incorporated in Utah Code...more
What is a construction loan?
A construction loan is a short term loan that funds the construction of improvements to real property and is secured by a mortgage. Unlike a loan that finances the acquisition of property...more
In the last posting, and in light of the explosion of new construction in the South Florida real estate market, we began to explore certain issues that owners and developers should consider before beginning a project and...more
Much has been said about the ever diminishing supply of condominium inventory and the reluctance of banks to lend to construct new condominium projects since the market collapse. As previously discussed, several determined...more
Credit seems to be more available for commercial real estate. For example, I know of one commercial real estate lender working on a construction to permanent loan program. This type of lending blends two types of loans: a...more
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