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Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

California Debt Limit Allocation Committee Releases Proposed Regulations

This client alert discusses some of the more significant changes that could affect issuers and borrowers in connection with awards of volume cap if the proposed regulations were adopted in their current form. The...more

The ILSA Condo Exemption – Not Out of the Woods Yet

The Interstate Land Sales Full Disclosure Act (ILSA) is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property by requiring registration of subdivisions with the Consumer...more

West Coast Real Estate Update: October 2016

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s...more

Double-Breasted Company Owners, Officers Can Be Indicted for Underpaying Benefit Contributions

The U.S. District Court for the District of Massachusetts held in September that the shareholders and officers of a double-breasted construction company can be indicted and could go to prison if the government proves they...more

Public-Private Partnerships Can Power the Green Economy

At the first presidential debate, Hillary Clinton expressed a desire for the United States to become the “clean energy superpower of the 21st century.” Donald Trump responded that he, too, believes in all forms of energy, but...more

Asia's infrastructure opportunity

Both Japan and China have significantly increased their commitment to invest in Asian infrastructure, but steps must be taken in a number of other areas to unleash the region's full potential....more

Client Alert: Foreclosing Subsequently Accruing Liens no Longer a Certainty under the Lis Pendens Statute

The predictable landscape of foreclosing real property is no longer that for mortgagees, potential investors, construction professionals or municipalities in Florida. Last week, the Fourth District Court of Appeal confirmed...more

Equitable Subrogation Part Deux: Mechanic’s Lien vs. Later Bank Deed of Trust

This post follows, almost two years to the day, Rick Erickson’s post of August 29, 2014. As noted by Rick Erickson in his August 29, 2014 post, the Arizona Supreme Court in the Weitz case (2014) had determined that equitable...more

5 things to know about PPPs in Senegal

1. Public Private Partnerships are the “Main pillar of the Plan Senegal Emergent”. The Plan Senegal Emergent (PSE) is the country’s strategic plan for development and economic growth over the next decade. The PSE aims...more

The Public-Private Partnership as a New Tool for Infrastructure Development in Argentina

The Federal Executive Branch (known by the Spanish acronym, PEN) of the Argentine government recently submitted to the Argentine Congress a bill seeking approval of a new Public-Private Partnership (PPP) framework. This...more

Dentons/CHINCA MEA Project Reporter - Chinese contractors and Middle East and Africa projects markets

On a bi-monthly basis, we will present a shortlist of upcoming projects in the Middle East and Africa which may be of interest to Chinese contractors and investors looking to do business in the region. These are projects...more

Real Estate Market Intelligence: Multifamily Development Quarterly Report - Q2 2016

Key Findings - The multifamily asset sector saw nearly $35.4 billion of investment sales activity for the first-quarter of 2016. This figure represents an 8.6% increase compared to the first-quarter of 2015 and...more

Vesting and Priorities of Competing Construction Liens

It goes without saying that a construction project involves a plethora of competing interests. There is a lender, a main contractor, subdivision improvers, architects, and many different subcontractors, all of which are...more

How to Balance Lender and Contractor Interests on Alternative Energy Construction Projects

Lenders who finance wind and solar farms often require the EPC contractor to consent to the developer’s assignment of the EPC Contract to the lender to secure the developer’s obligations under the loan documents. Such...more

Brexit: The Impact on Commercial Real Estate

Brexit has presented increased opportunities for investment in the UK commercial real estate market, with property funds offering discounted real estate assets and with overseas investors looking to invest in what they see as...more

The Court of Appeal redefines the “but-for” causation test for negligence: Losses caused to a lender by a surveyor’s negligent...

In a landmark judgment with wide implications for the lending, refinancing and valuation industries, in Tiuta International Ltd (In liquidation) v De Villiers Surveyors Ltd [2016] EWCA Civ 661, the Court of Appeal, by a two...more

New Hampshire Enacts P3 Legislation

New Hampshire has joined a growing number of jurisdictions in the United States that have enacted legislation enabling public-private partnerships (P3) for transportation infrastructure projects. According to Governor Maggie...more

Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint...more

How South Florida Real Estate Developers Are Reducing Litigation Risk

Leading up to the Great Recession of 2008, properties throughout South Florida were being bought only to be subsequently resold at a profit.  This “flipping” of properties culminated in an unsustainably-inflated real estate...more

P3s and Tax-Exempt Bonds

In the past, states and local governments have relied in large part on low-cost tax-exempt financing to meet their infrastructure needs. While there is a growing consensus that our present infrastructure needs are great, many...more

Maryland Purple Line Concessionaire Achieves Financial Close – Time to Build!

Financing for the Maryland Purple Line closed on Friday, June 17 – marking an important milestone for the Maryland Transit Administration’s (and Maryland Department of Transportation’s) plan to deliver a transit solution to...more

Saudi’s Vision 2030 – Why Government Capacity Building Is So Important

Introduction - Considering the complexity involved in developing a national public-private partnership (PPP) program, it is generally accepted that governments do not typically have the internal skill sets required to...more

Court of Appeals Holds CityCenterDC P3 Not Subject to Davis Bacon Requirements

Public agencies and private entities are increasing collaboration to develop, operate and maintain a variety of transportation and building projects. The involvement of a public agency in these “public-private partnerships”...more

Saudi’s Vision 2030 – The Challenge Of Implementation And Some Analysis On Institutional And Regulatory Public Private Partnership...

On 25 April 2016, Deputy Crown Prince Mohammed bin Salman announced Vision 2030, the Kingdom of Saudi Arabia’s vision for life without crude oil. It’s fair to say that the announcement has been positively received, both...more

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