Commercial Real Estate › Commercial Law & Contracts

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 19, 2013

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
Jeffrey DeBoer on the intersection of Washington and commercial real estate
Navigating the Winds of Change in Commercial Real Estate
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
Transbay Tower Groundbreaking
Bisnow/Allen Matkins - LA Property Management - Patrick Lacey, Property Management Associates
Bisnow/Allen Matkins - LA Property Management - Kevin Kirn, Health Care REIT, Inc.
Bisnow/Allen Matkins - LA Property Management - John Fucci, Kilroy Realty
Bisnow/Allen Matkins - LA Property Management - Charlie Hobey, Equity Office
Bisnow/Allen Matkins - LA Property Management - Brian Plymell, Hines
Which environmental regs may impact your development projects?
California Commercial Real Estate Forecast - Industrial & Multifamily Remain the Bright Spot in the Winter 2013 Allen Matkins/UCLA Anderson Survey Results
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Winter 2013 Survey Reveals Dip in Developer Sentiment
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Survey Results Reveal Tension Between Developer Sentiment & Action
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Understand both sides' interests to get best results for your clients
"Bisnow/Allen Matkins LA Industrial and State of the Ports - " Mark Payne

High Net Worth Family Tax Report, Vol. 8, No. 2 -- May 2013

by Loeb & Loeb LLP on 5/18/2013

President’s fiscal year 2014 budget contains numerous tax provisions - President Barack Obama released his proposed budget for the government’s fiscal year 2014 on April 10, 2013, and, not surprisingly, the budget...more

Insurance Recovery Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Prepare For A Storm of Lawsuits; To Ensure Coverage, Read Policy Carefully; and Ticketmaster Wins Reversal, Possible Coverage For Class Action Over Ticket Fees ...more

Energy Usage Disclosure Finally Going On-Line

by Lisa Stalteri | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/17/2013

As of July 1, 2013, California Public Resources Code §25402.10 requires the owner of a non-residential building with a total gross floor area of 50,000 square feet or more in the event of a sale, lease or finance of the...more

Maryland Removes Potential Barrier To Refinance Transactions

by BuckleySandler LLP on 5/16/2013

On May 2, Maryland enacted SB 199, which authorizes a mortgagor to refinance the full balance of a loan secured by a first mortgage or deed of trust without the permission of the holder of a junior lien if (i) the principal...more

Mississippi CON Report - May 2013

by Aaron Graham, Dinetia Newman, T. Richard Roberson | Bradley Arant Boult Cummings LLP on 5/16/2013

In This Report: - I. April 2013 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since March 2013 CON Meeting - A. Letters of Intent to Change...more

Keys To A Successful Luxury Real Estate Transaction: Part I

by Schecter Law on 5/16/2013

Part I: Have an Experienced Real Estate Attorney Review the Contract Mistakes in real estate contracts can cause major issues....more

Attorneys' Fees Provisions: Not a Blank Check to Overreach

by Anne Kane | Schnader Harrison Segal & Lewis LLP on 5/16/2013

In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise....more

Real World - Spring 2013: Break clauses - tenants should err on the side of caution

by David Gervais | Dechert LLP on 5/16/2013

With the outlook for the UK economy still rather patchy at best, it is not surprising that tenants have in recent times been looking closely at their lease terms and, in particular, any break rights that they may have, with a...more

Turning Lemons into Lemonade: Doing Real Estate Business with the Federal Government in These Challenging Economic Times

by Caitlin Beer, David Ehrenwerth | K&L Gates LLP on 5/15/2013

The Federal Government is one of the largest real estate players in the United States, owning or leasing a huge portfolio of office buildings and other real estate assets across the country. The Public Building Service...more

Extinguishment of Commercial Leases by Liquidators Appointed to Landlord Companies - Signalling a potential change in the law for...

by Ryan Hennessey, Peter Lucarelli | Baker & McKenzie Australia on 5/15/2013

Commercial tenancies may be extinguished by a liquidator appointed to a landlord company by exercising the statutory right under the Corporations Act 2001 (Cth) to disclaim certain property....more

Real World - Spring 2013: Damages include fall in market

by Sophie Ogilvie | Dechert LLP on 5/14/2013

Two recent cases have highlighted circumstances in which damages for breach of contract may include loss caused by a fall in market values....more

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

by Joe Virene | Looper Reed & McGraw, P.C. on 5/14/2013

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

2013 Maryland IDOT Legislation Expands Exemption Amount Applied For Recordation Tax

by John Wetzel | Niles, Barton & Wilmer, LLP on 5/14/2013

As a result of recent Maryland legislation, commercial property owners currently considering the financing or refinancing of their real estate may achieve significant recordation tax savings when using so-called “indemnity...more

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

by Martin Schwartz | Bilzin Sumberg Baena Price & Axelrod LLP on 5/14/2013

HB 73- Omnibus Legislation - This bill containing 74 pages is a "stripped down" version of a bill which passed the House last year but failed to obtain Senate approval. It contains a potpourri of changes to the...more

Spotlight on Georgia: Certain Interesting Tax Developments

by Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

As in past years, there have been numerous interesting tax-related developments over the last 12 months in the state of Georgia. Just a few of these recent developments are summarized below...more

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

by Daniel Bryer | Sedgwick LLP on 5/13/2013

In Seneca Ins. Co. v. Cimran Co., — N.Y.S.2d –, 2013 WL 1405231 (App. Div. 1st Dep’t 2013), the New York appeals court granted the insurer’s motion for summary judgment, declaring that it had no duty to defend and indemnify...more

Ashley II Holdings Require Caution

by Larry Burke | Davis Wright Tremaine LLP on 5/13/2013

On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No. 11-1662 (4th Cir. April 4, 2013) (Ashley II). ...more

Georgia Lien Law Revised In Favor of Contractors

by Jennifer Grippa | Miller & Martin PLLC on 5/10/2013

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,...more

Ahhh…Spring

by Barbara Darkes | McNees Wallace & Nurick LLC on 5/10/2013

With Spring comes the emergence of many things, including reopening of decks, porches, sidewalk cafés, patios and other outdoor seating options. It’s a lovely idea to have music or other entertainment in these areas, whether...more

Summary Of HUD’s LEAN 232 Program E-Mail Blast: Office Of Residential Care Facilities (ORCF), April 29, 2013

by Christine Waldmann Carmody, Blair L. Schiff | Pepper Hamilton LLP on 5/10/2013

In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development (HUD) LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this...more

California Energy Commission Amends Nonresidential Building Energy Disclosure Regulations

by Kirsten Day, Teresa Jacobs | Perkins Coie on 5/10/2013

The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007. The Code requires each nonresidential building owner throughout the state to document and disclose a building’s energy use...more

New Laws Regarding Construction Defects

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/9/2013

Have you been involved in an accident on a construction site in Hawaii? If so, a ruling from Hawaii’s Court of Appeals may be relevant. ...more

Selling Your Private Business

by Bryan Haynes | Bennett Jones LLP on 5/9/2013

In a recent article in the Globe and Mail, “Why You Shouldn’t Hire a Real Estate Agent to Sell Your Business”, Chris Griffiths discusses why selling an operating company can be complex and beyond the expertise of a real...more

New Maryland Law Provides Indemnity Deeds of Trust (IDOT) Relief

by Jerald Cohn | Holland & Knight LLP on 5/8/2013

Maryland Governor Martin O'Malley has signed a law that brings significant changes to how recordation tax will be imposed on the refinancing of commercial property and on the modification of existing indemnity deeds of trust...more

Policyholders Beware: Insurers Relying on Anti-Concurrent Causation Clauses to Defeat Coverage in the Aftermath of Superstorm...

by Joseph Jean, Steven Morris | Lowenstein Sandler LLP on 5/7/2013

To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for...more

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