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Katten Muchin Rosenman LLP

Reflecting on the CIS: Three Month Review

Since 6 April 2024, most payments made by landlords and tenants are outside of the scope of the Construction Industry Scheme (CIS). New CIS regulations were introduced with the aim of streamlining the UK tax framework in...more

Moritt Hock & Hamroff LLP

Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course...

Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary...more

Davis Wright Tremaine LLP

Can a Contractor Hired by a Commercial Tenant Record a Lien on the Landlord's Property?

Commercial tenants frequently hire contractors to perform work in their leased space. If the tenant does not pay the contractor, can the contractor record a lien against the leased premises? In Oregon, it will likely depend...more

White and Williams LLP

Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors

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In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity...more

Rivkin Radler LLP

Insurance Update - November 2020

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Our November Insurance Update touches upon some novel issues. •Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy? •Must a workers’...more

A&O Shearman

Contractural penalties - an important resolution of the Supreme Court

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In its resolution dated 20 November 2019, the Supreme Court concluded that an agreement must not provide for a contractual penalty in the event a party rescinds such agreement due to the other party’s failure to perform its...more

White & Case LLP

When Do Defects Prevent Practical Completion?

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Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more

Troutman Pepper

New York Court Of Appeals Holds That Direct Consent By Landlord Is Not Necessary For Contractor To Enforce A Lien Against The...

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Ferrara v. Peaches Café LLC, 2018 NY Lexis 3244 (November 20, 2018) - COR Ridge Road Company, LLC (“COR”), as landlord, entered into a 10 year lease with Peaches Café, LLC (“Peaches”). ...more

Blank Rome LLP

The Tenant Improvement Allowance: Identifying and Circumventing Common Pitfalls

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Shopping Center Law & Strategy - The tenant improvement allowance is a critical component of the economic calculations inherent in a commercial lease transaction. The basic concept is as follows: upon the negotiation of...more

Snell & Wilmer

Under Construction - September 2016

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Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

Gray Reed

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

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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

Dechert LLP

Real World - May 2013: Mind the gap – insurance issues for tenant fit-out works

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Imagine the following scenario; your company has acquired a lease of a prime piece of real estate to accommodate its fast expanding business. The building’s footprint lies in the heart of the city’s commercial centre. The...more

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