Commercial Property Owners

News & Analysis as of

AB 1103 Update: Postponement of Certain Nonresidential Building Energy Use Disclosure Requirements

Under California Assembly Bill 1103 (“AB 1103”, codified as California Public Resources Code Section 25402.10), owners and operators of nonresidential buildings must disclose certain building energy performance data to a...more

FDEP Touts the Success of the State’s Brownfields Redevelopment Program

Florida Department of Environmental Protection (FDEP) touts the success of the State’s Brownfields Redevelopment Program. Since its inception in 1997, Florida’s Brownfields Redevelopment Act ( Florida Statutes Sections...more

Commercial Real Estate Markets Benefit from Healthcare Industry Growth

The slowly recovering economy has presented challenges for most businesses over the past several years, and commercial landlords are no exception. The recent recession resulted in higher vacancy rates and downward pressure...more

Mainebiz Real Estate Insider – Beware of LUST

Today, we’re talking about LUSTs: Leaking Underground Storage Tanks. Not what you were expecting? Well, if you are in the market for commercial real estate, I can assure you that you will be even more disappointed if you...more

Guarantors Remain Liable for “Carve-out” Obligations, Despite Non-recourse Loan

Believe it or not, guaranty contracts mean what they say. If a guarantor agrees to reimburse a lender for misappropriated security deposits, unpaid taxes, and the cost of enforcement, then – not surprisingly – courts will...more

Real Estate Tip - Keep It in The Family?

Using a will to give a commercial building to a loved one, a business partner or even a charitable organization is not ideal planning. Adverse tax consequences, the public probate process and operational difficulties aside,...more

New Law Nullifies Property Tax Exemption for Buildings Sold by Nonprofits

What happens to a property tax exemption when a nonprofit sells its building to an entity that will use it for a non-exempt purpose? As of July 1, 2014, and extending through 2015, the new owner will owe property tax on the...more

Mainebiz Real Estate Insider – ABC 123: AAI, ESAs and VRAP – When to utilize DEP’s Voluntary Response Action Program

Last time around, we mentioned that if you are going to buy a commercial property, you should investigate the existing environmental conditions of that property. It is helpful to address both the costs and timing associated...more

Fixtures Allowances in Commercial Property Transactions: Pooling and Fixed Value Requirements

New rules concerning capital allowances on the disposal of fixtures (first announced in 2011) are now in full force. The changes, which are procedural and impose additional formalities, are: - Mandatory pooling (which...more

Slip and Fall Accidents and Store Owner Liability

What happens if you slip or trip and fall in a department store, grocery store, or mall in the San Fernando Valley? Do you have a legal claim? Should you contact a personal injury attorney?...more

What Every California Commercial Building Owner Needs to Know About the Impact of Contract Dates on Reporting Requirements Under...

As owners grapple with the new energy usage and disclosure requirements under AB 1103, parties to long term transactions must look to the date of the contract to determine whether they are required to comply. ...more

Texas Court Addresses Vacancy Clause In Commercial Property Policy

On April 29, 2014, the Texas Court of Appeals in ACGS Marine Ins. Co. v. Spring Ctr., Inc., 2014 Tex. App. LEXIS 4581 (Tex. Ct. App. Houston 2014) issued a decision examining a Vacancy Clause in a commercial property policy. ...more

Third Circuit Holds No Coverage for Cleanup of Decomposing Body

In its recent decision in Certain Underwriters at Lloyds v. Creagh, 2014 U.S. App. LEXIS 6853 (3d Cir. Apr. 14, 2014), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to...more

California Energy Commission Provides Guidance For New Nonresidential Building Energy Use Disclosure Program

The California Energy Commission (CEC) recently issued updated regulations for its new Nonresidential Building Energy Use Disclosure Program. The updated regulations provide practical guidance to building owners for...more

Filing A Lien When The Work Is Done For A Tenant Rather Than An Owner

Commercial landlords often allow commercial tenants to construct a buildout tailored to their business (e.g., retail stores, restaurants, redesigning office space, etc.). Such tenants hire general contractors who in turn hire...more

What The Hail Is Going On In Texas?

Every lawyer knows that most state court lawsuits fall into a few general categories: slip and falls, auto accidents, employment disputes and collection actions. Year after year after year, the majority of state court...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 27, 2013

Cohen v. G&M Realty L.P., USDC, E.D. New York, November 20, 2013 - In a matter of first impression, district court denies preliminary injunction under federal Visual Artists Rights Act (VARA) to graffiti artists...more

Delayed AB 1103 Energy Benchmarking and Disclosure Requirements Set To Go Into Effect In January 2014

Following significant delays, the California Nonresidential Building Energy Use Disclosure Program is now slated to go into effect on January 1, 2014 for buildings over 10,000 square feet. An owner of a building subject to...more

Benchmarking Begins for Owners of Large Commercial Buildings in Philadelphia

Last year, we notified you that the city of Philadelphia adopted new energy benchmarking requirements to track and assess energy and water consumption for large commercial buildings. The time has come for owners to comply...more

Philadelphia's Energy Benchmarking Deadline Will Be at Your Doorstep This Halloween

For owners of commercial buildings of 50,000 square feet or more in the city of Philadelphia, chances are the time has come to address the city's new energy and water use benchmarking law. Energy benchmarking refers to a...more

What You Must Know About Florida’s Commercial Mortgage Foreclosure Process

Introduction - Florida is a judicial foreclosure state. Mortgage foreclosures in Florida are “judicial proceedings,” and are governed by Section 45.031, Florida Statutes. Florida’s statutory judicial procedure allows a...more

Now in Effect! New Energy Use Disclosures for Nonresidential Buildings (California Public Resources Code Section 25402.10) -...

UPDATE: Pursuant to a Notice of Postponement of Enforcement issued by the California Energy Commission, which is responsible for enforcement of AB 1103, the initial compliance deadline has been moved from July 1, 2013 to...more

Philadelphia Releases Energy Benchmarking and Disclosure Regulations for Large Commercial Buildings

On July 10, 2013, the Philadelphia Department of Licenses and Inspections (L&I) issued draft regulations filling in the compliance requirements of Philadelphia’s mandatory energy and water disclosure ordinance (the Disclosure...more

Now in Effect! New Energy Use Disclosures for Nonresidential Buildings (California Public Resources Code Section 25402.10)

Effective July 1 of this year, owners of nonresidential buildings that contain a total gross floor area of more than 50,000 square feet are required to contend with new energy use disclosure requirements in accordance with...more

Rogers Towers: Attention All REO Officers: Florida’s Commercial Landlord/Tenant Laws May Apply to You!

When foreclosing mortgages on commercial properties in Florida, banks are often able to choose whether to keep or remove the tenants after foreclosure. The decision to keep or remove a tenant usually depends on the financial...more

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