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Lenders Construction Project

Miller Nash LLP

Oregon Construction Owners and Lenders Are Affected by New Retainage Law

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If you develop or build on real property in Oregon, your progress payments to contractors on future projects will be affected by a new law, effective on March 7, 2024. If you are a construction lender, your borrower may...more

Bradley Arant Boult Cummings LLP

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...more

Vinson & Elkins LLP

Termination: Fortune May Favour the Brave (and Well-Prepared)

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Termination of major construction contracts has traditionally been seen as a last resort, leading many parties to soldier on in bad situations given the potential risks of terminating. However, recently we have seen parties...more

Seyfarth Shaw LLP

50 State Lien Law Notice Requirements

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This quick reference describes general time requirements for filing lien notices in each state, plus Washington, DC. Seyfarth’s Construction team prepared the survey for use primarily by commercial contractors and real estate...more

Bilzin Sumberg

4 Trends That Will Shape Florida Real Estate in 2024

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As commercial real estate markets across the U.S. cope with rising costs and slowing demand, Florida has been a rare bright spot. The Sunshine State has welcomed a record number of people and businesses in recent years, and...more

Vinson & Elkins LLP

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

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Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Cadwalader, Wickersham & Taft LLP

Building Safety Act 2022: Key Provisions for Property Owners

The Building Safety Act 2022 (the “Act”) ushered in a comprehensive and rigorous building safety regime, particularly affecting certain residential buildings classified as “higher-risk building”....more

Cadwalader, Wickersham & Taft LLP

Building Safety Act 2022: What Lenders Need to Know

The enactment of the Building Safety Act 2022 (the “Act”) in the United Kingdom brings about significant changes to building safety regulations. While the Act primarily aims to enhance building safety standards, it also...more

Cole Schotz

Balancing Mortgage and Mechanics Lien Priorities in New York

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In an ideal world, the interests of contractor and lender involved in the same construction project are aligned: the project succeeds, and everyone is paid what they’re owed. But when the interests of contractor and lender...more

Bradley Arant Boult Cummings LLP

Prime Contractor Beware, No. 1: Watch Out for Owner/Lender Consent and Assignment Agreements

After months of working with a new developer client (and providing hours of unreimbursed value engineering) and hard negotiations over the cost plus GMP contract (fighting over indemnity/escalation/savings/liquidated damage...more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

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Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join...more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects - March 3rd, 12:00 pm - 1:00 pm CT

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In the building industry, a predetermined strategy and response to construction defect claims are important factors to minimizing liability. Join Winstead attorney Frank Carroll as he outlines how to use governing...more

Cozen O'Connor

MARAD Updates Title XI Program with Streamlined Process

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The U.S. Maritime Administration (MARAD) recently released guidance on its streamlined procedures for securing government-guaranteed ship financing under the Title XI program, now reliant on the Federal Financing Bank (FFB)...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2021 - Construction Projects: Disrupting the Disruptor

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Once a remote health issue in China, coronavirus (“COVID-19”) remains today - as we enter the new year of 2021 - not only a global health concern but also a global economic disruptor that will impact nearly every industry....more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? The Abominable Ate My Project – Builder’s Risk Insurance

Dear YouDig? We are thrilled to be adding a four story children’s wing to our hospital. Construction was progressing well and near completion. Last week a blizzard with sub-zero temperatures blew through. When we returned...more

Akerman LLP

Tools for a Construction Lender’s Toolbox in the COVID-19 Era

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The coronavirus (COVID-19) pandemic has shut down non-essential construction projects in numerous states, and has severely delayed or otherwise impacted construction in almost every other state. These delays and impacts may...more

Kilpatrick

10 Key Takeaways - Leading Through a Crisis: Contractual Implications

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On May 8, Kilpatrick Townsend’s Brian Gaudet an attorney on the firm’s Construction & Infrastructure Team, participated in the panel discussion “Leading Through a Crisis: Contractual Implications I Covid-19 Pandemic.” The...more

Seyfarth Shaw LLP

Amending Building Loan Contracts in New York in the Wake of COVID-19-Related Closures of Local Recorders’ and Clerks’ Offices

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The closure of local recorders’ and county clerks’ offices in the wake of COVID-19, and the prospect of future closures, has had a profound effect on commercial real estate transactions. This is particularly true in New York...more

King & Spalding

Disrupting the Disruptor: How a Prepared and Proactive Owner Can Mitigate the Effects of Coronavirus on Construction Projects

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Once a remote health issue in China, the rapidly spreading coronavirus (COVID-19) has become not only a global health concern but also potentially a global economic disruptor that could impact nearly every industry. The...more

Dorsey & Whitney LLP

What Construction Contractors and Owners Should Do, Today, to Prepare for the Possible Effects of Novel Coronavirus on their...

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As novel coronavirus has spread from China to Europe, the United States and around the globe, it has begun to have a debilitating impact on world markets, manufacturing, distribution, supply chains, and the workforce in...more

Bradley Arant Boult Cummings LLP

In Alabama, Not All Debts Are Created Equal

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more

Bradley Arant Boult Cummings LLP

Not All Debts Are Created Equal - Construction and Procurement Law News, Q3 2019

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was...more

Moritt Hock & Hamroff LLP

Bankruptcy Court Determines That The Right Of A Surety To Recover Retainage In A Construction Contract Due To Equitable...

On July 2, 2019, the United States Bankruptcy Court for the Southern District of Mississippi sent a clear message to secured lenders that their security interests on a contractor's account receivables, even if perfected, will...more

Poyner Spruill LLP

A Brief Look At Common Construction Loan Credit Enhancements

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As the competition for construction loan projects remains at unprecedented levels in much of the country, lenders are frequently being asked to waive, modify or re-visit their standard construction loan credit enhancement...more

Foley & Lardner LLP

7th Circuit Rules That Title Insurer Is Not Liable for Construction Liens Resulting From Lender’s Failure to Fund

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The 7th Circuit has ruled that a lender is not insured by a title company for liens that arise after a construction loan became significantly out of balance and the lender stopped funding. In BB Syndication Services, Inc v....more

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