News & Analysis as of

Commercial Real Estate Contracts Coronavirus/COVID-19

Holland & Knight LLP

SBA Extends Moratorium on Bona Fide Office Requirements for 8(a) Construction Contracts

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The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business...more

Dorsey & Whitney LLP

Post-Pandemic Update on Commercial Evictions in Minnesota

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In August 2020, we circulated an article addressing COVID-19’s Impact on Commercial Evictions and Landlord-Tenant Relations in Minnesota. Nearly three years later, much has changed and it’s time for an update....more

Dechert LLP

2022 Golden Turkeys

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It’s Golden Turkey Awards Time, Folks! Our Turkeys are a little late this year but hey, we’ve been busy worrying about the collapse of the world’s economy.  This is the 10th edition of our Turkeys and much thanks to our...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - December 2021

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Briefcase: Quarterly Real Estate Update - Cases and News including: ..London Trocadero (2015) LLP v Picturehouse Cinemas and others ..Terence James Macey v Pizza Express (Restaurants) Ltd ..Kensquare Ltd v Boakye...more

BCLP

Briefcase: Quarterly Real Estate Update - Cases and News - September 2021

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Briefcase: Quarterly Real Estate Update - Cases and News including: ..The Royal Parks Limited and the Secretary of State for Digital, Culture, Media and Sport v Bluebird Boats Limited ..Monsolar IQ Ltd v Woden Park...more

Weintraub Tobin

How New Legislative Policy May Affect COVID-Related Lease Disputes

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Over the last eighteen months, we have been forced to devote significant resources to interpreting how largely-forgotten legal doctrines apply to real estate contracts in a post-COVID world. These principles, including force...more

Allen Matkins

Pandemic Fuels Continued Growth of Industrial Market

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Industrial markets over the past several years have seen consistently high occupancy rates and superior rental rate growth. While sentiment in the June 2020 Survey dropped precipitously, it immediately rebounded and has...more

Pullman & Comley, LLC

Groundbreaking News - Spring 2021

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Welcome to Pullman & Comley's Real Estate Newsletter, Groundbreaking News. Written by our team of attorneys, you'll find articles that highlight hot topics and developments spanning the fields of real estate, land use and...more

Farella Braun + Martel LLP

[Webinar] Returning to the Office: Legal and Practical Considerations for Keeping Your Team Safe - May 11th, 10:00 am - 11:00 am...

COVID-19 shelter-in-place mandates caused employers to close their locations or significantly reduce operations, leaving many commercial buildings empty. As state and local COVID-19 restrictions are being lifted, building...more

Moritt Hock & Hamroff LLP

New York Appellate Court Puts Huge Road Block In Way Of Borrowers Seeking To Enjoin UCC Article 9 Sales

Over the last year, since the onslaught of the COVID-19 pandemic, we have continued to report on how the courts have handled efforts by lenders to address pandemic-related defaults, including by means of Uniform Commercial...more

Goodwin

2021 Real Estate Capital Markets Conference Recap

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2020 was a challenging year, to say the least. The real estate industry continues to feel the effects of the global COVID-19 pandemic and subsequent economic consequences going into 2021 as industry leaders are still...more

Hogan Lovells

COVID-19 pandemic update on lease law in The Netherlands

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As an introductory comment, the Dutch district courts and courts of appeal have judged exclusively in interlocutory proceedings (kort gedingen) in disputes concerning the tenants’ obligation to pay the contractual rent during...more

Hogan Lovells

§ 313 BGB and governmental Corona measures - “Course Correction” for commercial leases

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With our blog post of December 14, 2020, we had already pointed out the corresponding legislative initiative. In record time, two new provisions on commercial leases (excluding residential leases) were subsequently adopted on...more

Allen Matkins

Allen Matkins Partners Scott Leipzig and Tim Hsu Prevail in Arbitration Concerning a Buyer’s Right to Terminate a Purchase...

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Last week, an arbitrator ruled that the purchaser of a commercial real estate property could terminate its purchase agreement and recover its non-refundable deposit, even though it had previously waived all contingencies,...more

Miles & Stockbridge P.C.

Federal Consolidated Appropriations Act Alters Commercial Landlord Rights Under Bankruptcy Code

The Consolidated Appropriations Act of 2021 (CAA) was signed into law on December 27, 2020, after receiving overwhelming bipartisan support. The Act, in addition to providing appropriations for various government departments,...more

McDermott Will & Emery

[Webinar] Navigating the Labyrinth of the K-Trust: How to Negotiate with Korean Lenders in Loan Restructurings - December 1st,...

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Korean lenders have made a significant number of commercial real estate loans in the United States, many of which are now in default. Jin Kim of BridgeRock Capital and Brian Donnelly of McDermott Will & Emery will provide...more

Tonkon Torp LLP

Banks Sue Over Oregon’s Foreclosure Moratorium

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Two recent lawsuits filed in the U.S. District Court for the District of Oregon illustrate that Oregon banks are none too pleased about HB 4204. This legislation, passed by the Oregon legislature in June 2020, prohibits...more

Winstead PC

Issues in Life Science Leases

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As landlords and tenants continue to navigate the uncertainties of traditional office and retail properties in the era of COVID, one asset type that has emerged as more resilient in this new environment is life science real...more

Buchalter

Buchalter COVID-19 Client Alert: Excusing Contractual Performance in Real Estate Agreements in the Age of COVID

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Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of...more

BCLP

Foreclosure and Receiver Issues in the United States during COVID-19

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The following memorandum provides an overview of the responses of courts and local and state governments of certain jurisdictions, as well as of the federal government, to the COVID-19 outbreak. The analysis has a particular...more

Morrison & Foerster LLP

NYC EnactsLaw Prohibiting Enforcement Of Personal Liability Provisions For COVID-19-Impacted Commercial Tenants

On May 26, 2020, New York City enacted a law that renders personal guaranties unenforceable for commercial tenants impacted by COVID-19. Section 22-1005 of the Administrative Code of the City of New York states that a...more

Husch Blackwell LLP

Preparing Your Company For Sale or Investment In A Post-COVID-19 World

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Now that (some of) the initial shock of the COVID-19 pandemic has worn off, many people are moving from “what happened?” to “what now?” When it comes to M&A or equity investments, uncertainty and risk-shifting have always...more

BCLP

U.S. COVID-19: Toil and Trouble – How the Pandemic is Changing the Commercial Mortgage Landscape

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As COVID-19 spreads throughout the world, institutional and private equity lenders are now confronted with novel and unanticipated obstacles in closing commercial real estate loans. The policies implemented by various state...more

Winstead PC

A Look at Some Legal Implications of COVID-19 on Healthcare Real Estate

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Conventional wisdom has held that the healthcare real estate industry is generally recession resistant. While that has historically been the case, the conventional wisdom did not account for a recession caused solely by a...more

White and Williams LLP

Commercial Lease Workouts During the COVID-19 Pandemic

The COVID-19 pandemic is adversely affecting commercial real estate (CRE) as it continues to wreak havoc in industries throughout the economy. For many years, the primary declining CRE sector has been brick and mortar retail...more

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