Commercial Leases

News & Analysis as of

Foundation: July 2015 • Vol. II, Issue 2

Warranty/Guaranty Provisions in Construction Contracts - The most confusion I have seen in the discussion of construction topics concerns the concepts of “warranty” and “guaranty.” This article will address the...more

What General Counsel Should Know When a Company's Tenant Files for Bankruptcy

Your tenant files for bankruptcy-what’s your move? Debtors who are lessees under real property leases have certain rights regarding their lease under § 365 of the Bankruptcy Code. Essentially, the debtor has two options: 1)...more

The Thin Line Between Holdover and Renewal

Whether you are a commercial tenant or landlord, the issue of lease renewal versus lease extension can impact your business enormously. Recent Indiana cases have reaffirmed that understanding your leasehold obligations can...more

Real World - An Update from Dechert's London Finance and Real Estate Group July 2015: Liability for Empty Rates Where Property is...

The Court of Appeal has ruled that rates will be payable unless a vacant building is beyond economic repair. Liability for empty rates for empty properties is governed by the Local Government Finance Act 1988 (LGFA...more

Real News - Summer 2015

Welcome to the summer edition of Real News, DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this edition:- - Jon Gaskell looks at recent changes made to the CDM...more

Pennsylvania Court: Using Property for Gas Storage Holds Production Rights Under “Dual Purpose” Leases

A recent trial victory for Range Resources – Appalachia LLC and Columbia Energy Ventures LLC (CEV) fills gaps left by the prior leading decisions on “dual purpose” storage and production leases, and cements the rights of...more

Real World - An Update from Dechert's London Finance and Real Estate Group July 2015: Energy Efficiency in the Rented Sector

The UK government has a target to reduce greenhouse gas emissions by at least 80% by 2050, compared to the 1990 baseline. As domestic buildings were responsible for 25% and non-domestic buildings for 12% of total carbon...more

FTC Narrows Scope of HSR Reporting Exemption for Certain Acquisitions

On July 20, 2015, the Federal Trade Commission (FTC) released revisions to its interpretation of the rule, 16 C.F.R. §802.5, that exempts certain acquisitions of “investment rental property assets” from reportability under...more

ICSC’s New England Idea Exchange Talks Trends and Technology

As ICSC’s New England Idea Exchange closes on yet another successful conference, the message is clear: the retail industry is reinventing itself once again. Attendance was on the increase again this year as real estate...more

Negotiating the Provisions of Your Office Lease

One contract that virtually all businesses enter into is an office lease. But despite how common office leases are, the provisions in them can vary dramatically. Indeed, a prospective tenant and landlord each has a...more

Stark Regulations: Technical Revisions

The proposed Physician Fee Schedule for CY 2016 includes multiple technical revisions to the regulations implementing the Stark law. These revisions appear to be designed to provide greater clarity and flexibility with...more

Don't Get Your Feathers Ruffled: The Value of Exclusivity Provisions in Real Estate Agreements

Say you decide to open a chicken restaurant selling your secret family recipe chicken. You find the perfect location, sign the lease, move in, and open for business. Sales are brisk when a few weeks later you see a...more

Contractual Interpretation: When Can You Stray From The Strict Wording?

For businesses and lawyers, a new test set out by the Supreme Court will help inform when one can stray from the literal words of a contract and adopt an interpretation that accords with commercial common sense. The Supreme...more

Planning for the Unexpected: Casualty issues in Commercial Properties

PROPER BUSINESS PLANNING includes planning for unlikely but significant events such as a casualty that impacts commercial property. In part 1 of a 2 part article, we will focus on some key issues that tenants need to...more

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the...more

Third Circuit Court of Appeals Affirms That Pennsylvania Law Does Not Recognize Automatic “Equitable Extensions” of Oil and Gas...

On June 25, 2015, the United States Court of Appeals for the Third Circuit affirmed the District Court for the Middle District of Pennsylvania’s prior entry of summary judgment in favor of the lessor plaintiffs on the...more

The ABI Commission on Business Bankruptcy Reform: Providing Information and Fairness to Creditors

Will Congress Finally Act? This is the fourth in a series of Alerts regarding the proposals made by the American Bankruptcy Institute Commission to Reform Chapter 11 Business Bankruptcies. We discuss here the Commission’s...more

Save Money with Your Commercial Lease Agreement

Your business could be losing money if it does not have a properly drafted and negotiated commercial lease agreement. Too many leases are hastily put together, causing businesses to miss out on opportunities for relief, or...more

Asset-Light Strategy Issues in the Development Space

While asset-light strategies have been used for decades in the hotel industry, the strategy and how to implement it are a bit more complicated in the development space, whether for a hotel or time-share company. A typical...more

[Event] The Summer Series: Hot Real Estate Topics - June 25, July 23, August 20 - Raleigh, NC

Hot real estate topics, cool beverages & networking with friends in real estate and other industries! Thursday, June 25: Tenant default: tips for negotiation of lease provisions on the front and rights of tenants on the...more

Real Estate Tip: IRS Form 3115 and Common Area Maintenance Charges

For the tax year 2014, many building owners and commercial tenants filed Form 3115 to confirm for the IRS that they are in compliance with the new tangible property regulations. Among other changes, these regulations...more

Retail Real Estate: Quarterly Summary Report - Q1 2015

In this Issue: - National Market Trends - Leasing Trends - Major Industry Transactions - Retail in Ohio - Excerpt from National Market Trends: As more millennials move into urban...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

Documenting Your Build-to-Suit Transaction: The Importance of the Request for Proposal

The Request for Proposal (RFP) is a critical document in a build-to-suit (BTS) transaction, but often does not get the attention it deserves. In addition to laying out the project scope, the RFP is the tenant’s opportunity to...more

Points & Authorities - Spring 2015

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -...more

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