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Construction Finance & Banking

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Keeping Your Place in Line: Title Insurance Protections for Construction Loan Disbursements

Most construction loans contemplate multiple advances or disbursements of funds at various stages of the construction project. The construction loan agreement will set forth the conditions that the borrower must satisfy to...more

Don’t Get in Front of Your Bank – A Pitfall for Construction Financing

Most contractors and construction professionals understand that it is critical to obtain financing before beginning the project. Why is this? Well, this question has come in recently and the answer is you might not get the...more

Eleventh Circuit Affirms Decision Under Florida Law Barring Contractor’s Performance Bond Claim for Failure to Comply With Notice...

by Pepper Hamilton LLP on

Int’l Fidelity Ins. Co. v. Americaribe-Moriarty JV, 2017 U.S. App. LEXIS 3628 (11th Cir. Feb. 28, 2017) - Americaribe-Moriarty Joint Venture (“Americaribe”) entered into a subcontract with Certified Pool Mechanics I,...more

Stored Materials: Finding Common Ground between Borrower and Lender

Stored materials present a potentially serious point of tension between lenders and borrowers in the negotiation of a construction loan agreement. In construction lending, the term “stored materials” refers to the materials...more

New Bankruptcy Case Limits Assertion of Post-Bankruptcy Construction Liens

by Saul Ewing LLP on

On March 30, 2017, the United States Court of Appeals for the Third Circuit issued a decision that curtails the rights of suppliers to lien non-debtor third-party property following the bankruptcy filing of a construction...more

Secretary Ben Carson Kicks Off Public Housing P3

This week, Miami-Dade County hosted Dr. Ben Carson, the Secretary of the United States Department of Housing and Urban Development, at the Liberty Square public-housing development, one of the oldest in the nation. The...more

Contingencies in Construction Budgets: Lenders’ and Borrowers’ Perspectives

As any builder will tell you, it is impossible to know with certainty the exact amount a project is going to cost. Variables affecting the cost run the gamut from labor and material costs to delays for unforeseen conditions,...more

FCPA Compliance Report-Episode 321-Adelle Elia, Chief Integrity Officer at Louis Berger [Video]

by Thomas Fox on

In this episode I visit with Adelle Elia, the Chief Integrity Officer at Louis Berger. Some of the highlights include: Why is her title “Chief Integrity Officer” as opposed to Chief Compliance Officer or Chief Ethics and...more

Public-Private Partnerships in Puerto Rico - DLA Piper's handbook

by DLA Piper on

Historically, there has been vigorous debate among the residents of Puerto Rico for and against the privatization of public property and public services. The public-private partnership (P3 or P3s) model established by the...more

Importantes oportunidades de desarrollo inmobiliario para las P3 en el centro de Miami

El 7 de marzo, el alcalde del condado de Miami-Dade presentará un informe ante la Junta de comisionados del condado sobre propiedades del condado en el centro de Miami, que son propicias para el desarrollo junto con el sector...more

Federal Court in Oklahoma Rules that Bond Issued on a Sovereign Tribal Construction Project is Not a Miller Act Bond Even Though...

by Pepper Hamilton LLP on

United States ex rel. J.A. Manning Constr. Co. v. Bronze Oak, 2017 U.S. Dist. LEXIS 6054 (N.D. Okla. Jan. 17, 2017) - In May 2014 the Cherokee Nation issued a bid notice for bridge and roadway construction in Mayes...more

Major P3 Real Estate Development Opportunities in Downtown Miami

On March 7, the Miami-Dade County Mayor will be presenting a report to the Board of County Commissioners on County-owned properties in downtown Miami that are ripe for joint development with the private sector. The upshot:...more

French Legal and Regulatory Update - January 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

Standby letters of credit, complying demands and the fraud exception – Court of Appeal restores certainty and commercial common...

by Dentons on

In two appeals on the validity of demands under standby letters of credit (SBLCs) and the application of the fraud exception, the Court of Appeal has ruled in each case that...more

President Trump’s Inauguration Signals a Potential Increase in Infrastructure Projects

When then-candidate Donald J. Trump first began making public statements about what would become his infrastructure plan back in August of 2016, observers were uncertain as to what exactly they could expect. Just before that...more

Construction Group News: Your corporate real estate is held by a separate LLC, so it's protected, right? Maybe Not...

by Murtha Cullina on

Your business real estate may not be safe from a separate, but related, company’s bankruptcy. In a shot across the bow to the Massachusetts construction community, a Massachusetts bankruptcy court has determined that in...more

The Australian federal government to review security of payment legislation

by Dentons on

The Australian federal Minister for Employment, the Hon. Michaelia Cash, has announced a review into security of payment legislation in the building and construction industry. Mr John Murray AM has been appointed to conduct...more

Resolución de Año Nuevo: Tránsito de Miami Beach

Después de acelerar el proceso de solicitud para el proyecto del tren ligero o tranvía moderno de Miami Beach, el mes pasado la comisión de la ciudad de Miami Beach puso un freno. En respuesta a las preocupaciones expresadas...more

Government Contracts Increasingly Further Labor-Policy Goals

This past year, the federal government implemented a variety of rules requiring that its contractors meet certain fair-labor requirements. For example, a federal rule finalized in September requires federal contractors to...more

New Year’s Resolution: Miami Beach Transit

After expediting the solicitation process for the Miami Beach light rail/modern streetcar project, the Miami Beach City Commission hit the brakes last month. In response to concerns voiced by City residents, the Commission...more

Financiación del Transporte Público con Desarrollos Orientados al Transporte

Desde la aparición de los primeros sistemas de transporte público, se ha reconocido que los espacios contiguos a las estaciones de trenes son idóneos, especialmente, para urbanizaciones de usos múltiples. La gente está...more

Funding Mass Transit with Transit-Oriented Development

Since the earliest mass-transit systems, it has been understood that the property adjacent to train stations is particularly well-suited for dense mixed-use development. People are willing to pay a premium for the...more

Strict Compliance with Performance Bonds

by White & Case LLP on

Performance bonds and bank guarantees are commonly used as forms of security under construction and engineering contracts. Calling on a performance bond or bank guarantee requires, in most countries, "strict" compliance with...more

Bilzin Sumberg Partner Calms Fears of Trump Hurting Miami Real Estate Market

Attorney James W. Shindell, Real Estate chair at Bilzin Sumberg, has a message for those who believe Donald Trump’s presidential election will hurt Miami’s real estate market: The sky is not falling. Shindell addressed...more

Australian case update: Tiuta International Ltd v De Villiers Surveyors Ltd

by DLA Piper on

SNAPSHOT - In Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661, the English Court of Appeal delivered an important judgment in favour of lenders in a valuer’s negligence case, which has...more

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