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Real Estate Development Contract Terms

Awatif Mohammad Shoqi Advocates & Legal...

Facing Unrepaired Defects in Your Villa? Enforcing Your Rights Against the Contractor

When investing in real estate, particularly in villa projects, purchasers often rely on developers and contractors to deliver homes free from defects. However, issues may arise where defects remain unresolved despite...more

Robinson+Cole Construction Law Zone

Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision

In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a...more

Goulston & Storrs PC

Owners Beware: Massachusetts Supreme Judicial Court Underscores Strict Adherence to Prompt Payment Act

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On Monday, June 17, 2024, the Supreme Judicial Court (“SJC”) issued its decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Company, Inc., et al, which interprets the Massachusetts Prompt...more

Goulston & Storrs PC

Massachusetts “Prompt Pay Law” Imposes New Obligations on Project Owners and Construction Lenders

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An Act Promoting Fairness in Private Construction Contracts (the “Prompt Pay Law,” codified at M.G.L. Section 29E, Chapter149), which imposes new requirements on private construction projects, will apply to all construction...more

Gray Reed

The Fine Print Matters: Five Contract Clauses Subcontractors and Suppliers Can’t Ignore

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It never hurts to stop and take a minute to read what you are signing. This is especially true when entering into a contract with a new customer, vendor or on a new project. Your company (and your attorney) will thank you...more

Stoel Rives -  Ahead of Schedule

Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a...more

Gray Reed

Broad Form Indemnities in Construction Contracts (UPDATED)

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Broad form indemnities are common in Texas construction contracts, even though indemnifying someone for their own negligence is a tough pill to swallow.  ...more

Gray Reed

Zoning Fundamentals – What Developers and Builders Need to Know

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What is zoning and how does it work? In simple terms, zoning refers to a city’s ability to regulate property owners’ use of their land within its corporate boundaries. For instance, a city may prohibit commercial...more

Gray Reed

It Doesn’t Pay to Delay: Prompt Payment Acts in Texas

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If an owner or general contractor fails to timely pay on a project, you may be entitled to prompt pay interest. Prompt payment acts are intended to deter late payments by general contractors and owners by enabling contractors...more

Troutman Pepper

I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

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This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience...more

Mayer Brown

Legal Developments In Construction Law: January 2024

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Notice of adjudication – how important is that? Included in a number of jurisdictional challenges to an adjudication award was a claim that the notice of adjudication was defective, in not complying with the...more

Bennett Jones LLP

A Failed Real Estate Deal—What's the Damage?

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The Rosseau Group Inc. (Rosseau) was a real estate developer. Rosseau entered into an agreement of purchase and sale with 2528061 Ontario Inc. to buy land for development purposes. Once the land had been rezoned and...more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia

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General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more

Robinson+Cole Construction Law Zone

NY Prompt Pay Act for Private Construction Caps Retainage at Five Percent

New York’s Prompt Pay Act, which sets the standards that govern private commercial construction contracts exceeding $150,000, was amended effective November 17, 2023. The Amendment known as Senate Bill 3539 provides two...more

Bennett Jones LLP

But It’s "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

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We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a...more

Gray Reed

Texas Legislature Expands Suspension Rights Under the Prompt Pay Acts

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The private and public prompt pay acts both provide contractors and subcontractors with the right to stop work if an owner or upstream contractor fails to pay an undisputed amount.  With H.B. 3485, the Texas legislature has...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

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While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - April 2023, Volume II, Issue II

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FEATURED ARTICLE - Efforts clauses are common in commercial agreements, including those involving real estate. Where one or both parties cannot guarantee a particular outcome, efforts clauses attempt to qualify obligations....more

Robinson+Cole Construction Law Zone

Agree First or it May Cost You Later

Business relationships often begin before parties execute a written agreement containing the terms and conditions by which the relationship will be governed.  With little more than a Letter of Intent (“LOI”) or Letter of...more

Lathrop GPM

Virginia Federal Court Enforces Alleged “Scrivener’s Error” Extending Term

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A federal court in Virginia recently enforced an alleged “scrivener’s error” that extended the term of a development agreement for one developer, while enforcing notice requirements to uphold a nonrenewal for another...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - February 2023,Volume II, Issue I

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CASES OF NOTE - CHANGING LANDSCAPE FOR ACCELERATED RENT CLAUSES IN COMMERCIAL LEASES Cummings Properties, LLC v. Hines, 21-P-1153 (Mass. App. Ct. Sept. 9, 2022) The Massachusetts Appeals Court recently considered...more

Akerman LLP

REMINDER: Starting January 1, 2023, Virginia Will Prohibit Pay-If-Paid Clauses and Limit Pay-When-Paid Clauses

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As explained in a prior update, Virginia recently enacted laws prohibiting pay-if-paid clauses in construction contracts and limiting the effectiveness of pay-when-paid clauses in certain agreements for public and private...more

BCLP

Briefcase - Quarterly Real Estate Update - September 2022

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In this September quarter edition, we cover: ..Oceanfill v Nuffield Health and Cannons Group - Restructuring lease liabilities; what’s the plan for guarantors? ..Dell and another v 89 Holland Park (Management) Ltd – ...more

Akerman LLP

Essentials for Your Hurricane Repair Construction Contract Toolbox

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In September of 2022, Hurricane Ian struck Florida with a force and onslaught of rain and flooding of biblical proportion that some say has not been seen in the last 1,000 years. Yet, once again, Floridians must pick up the...more

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