News & Analysis as of

Liens Property Improvements

Cadwalader, Wickersham & Taft LLP

IRS Private Letter Ruling Says CPACE Loans Qualify for REMIC Transactions

The IRS recently concluded that certain commercial property assessed clean energy (“CPACE”) assets are “obligations . . . secured by an interest in real property” under Code Section 860G(a)(3) in a private letter ruling...more

Miller Nash LLP

Lien Rights on Tenant Improvement Work: A Cross-Jurisdictional Perspective

Miller Nash LLP on

Tenant improvement work is a common source of construction liens. When liens arise out of tenant improvement work, the question is always: does the lien attach to the owner/landlord’s ownership interest in the property, or...more

Amundsen Davis LLC

Separation Anxiety? Indiana Tax Sale Separates Ownership of Land and Improvements

Amundsen Davis LLC on

Can improvements to real estate, such as buildings, be owned separately from the land beneath them? This is not usual, although permissible, such as in a ground lease situation; however, a recent decision from the Indiana...more

Lowndes

The Risks Of Unnecessary Fla. Property Improvement Notices

Lowndes on

There’s no doubt about it, the U.S. real estate market is strong. With low interest rates and low unemployment rates, it is not surprising that the National Association of Realtors included parts of Florida among the top 10...more

Bennett Jones LLP

Ontario Landlords May Now Have Lien Claim Exposure from Tenant’s Work

Bennett Jones LLP on

The Construction Act (Ontario) (formerly known as the Construction Lien Act) (the “Act”) was substantially amended last year. The first phase of those amendments came into force in Ontario July 1, 2018. Under the Act as it...more

Burr & Forman

General Conditions Not Lienable In Georgia

Burr & Forman on

A 2012 Georgia Court of Appeals decision has significant implications for Georgia contractors by declaring that jobsite general conditions do not constitute improvements to real property such that they can be included in a...more

Bilzin Sumberg

Construction Concepts Tip #5: Developer Protection Against Tenant-Improvements

Bilzin Sumberg on

Before Contracting to Lease Commercial Space, Be Sure to Protect the Property Against Potential Liens - As multiuse high-rises and commercial buildings are once again springing up in areas of Downtown, Brickell, and...more

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