News & Analysis as of

Property Improvements Construction Project

Lowndes

Avoiding Common Problems Caused by Notices of Commencement

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In Florida, a Notice of Commencement (NOC) must be recorded in the public records of the county where construction of certain property improvements occurs. This document serves two key functions....more

Tonkon Torp LLP

Key Lease Work Letter Issues When the Tenant Is Doing the Work

Tonkon Torp LLP on

In her new Ear to the Ground video, the second of a two-part series on lease work letters, attorney Kimberlee Stafford, Chair of our Real Estate & Land Use Practice Group, discusses key work letter issues and situations when...more

Nossaman LLP

Eminent Domain for Off-Site Public Improvements Associated with Private Development

Nossaman LLP on

Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals.  As part of that approval...more

Lowndes

Protect Yourself Against Tenant Construction Liens in Florida

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If you are a commercial landlord in Florida, you may inadvertently be subjecting your land and building to liens by contractors who perform work for your tenants. With the recent economic downturn, many commercial buildings...more

Shutts & Bowen LLP

Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies

Shutts & Bowen LLP on

Have you ever heard the strange term “pith of the lease”?  This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.” ...more

Farrell Fritz, P.C.

Second Department Affirms Denial of Religious Organization’s Application for Conditional Use Permit

Farrell Fritz, P.C. on

In Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of Brookville, the Second Department reviewed a local zoning board’s denial of an applicant’s request to expand and improve the...more

Conn Kavanaugh

When Does the Statute of Repose Begin to Run in Phased Development Projects?

Conn Kavanaugh on

The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...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

Woods Rogers

Preemptive Wordsmithing: Considering Future Alterations of Commercial Property at the Outset

Woods Rogers on

Borrowers often envision future alterations to enhance the economic value of the commercial real estate asset, when closing the initial loan. Such alterations can be in the form of capital improvements, tenant improvements,...more

White and Williams LLP

Tennessee Looks to Define Improvements to Real Property

White and Williams LLP on

For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other...more

Buckingham, Doolittle & Burroughs, LLC

Ohio BTA departs from previous ruling and holds that installing internet cable lines are nontaxable real property improvements

The Ohio Board of Tax Appeals recently overturned precedent and held that the installation of standard internet cable lines constituted nontaxable real property improvements rather than taxable business fixtures. Nationwide...more

Farrell Fritz, P.C.

Proposed EDNY Consent Decree Mandates Upgrades to Hillview Reservoir in Yonkers Over the Next Thirty Years

Farrell Fritz, P.C. on

The Eastern District of New York filed a Safe Drinking Water Act complaint this week against the City of New York and the NYC Department of Environmental Protection, seeking to require the City to cover the Hillview Reservoir...more

Best Best & Krieger LLP

New Disability Access Informational Notices Required in California - AB 3002 Took Effect Jan. 1

Cities and counties in California are now required to provide informational notices related to disability access requirements. ...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

Mayer Brown

Connecticut Makes Favorable Changes to its Commercial PACE Financing Program

Mayer Brown on

On July 11, 2017, the Connecticut General Assembly enacted H.B. 7208 (“Revised C-PACE Statute”) to make several minor changes to the existing statute governing the State’s commercial property assessed clean energy (or...more

Troutman Pepper

Federal Court in North Carolina Holds That Impracticability of Arbitration Clause Which Required Decision Within 30 Days of...

Troutman Pepper on

Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Constr. Co., 2016 U.S. Dist. LEXIS 86100 (W.D. NC July 1, 2016) - Tribal Casino Gaming Enterprise (the “Casino”) contracted with joint general contractors, W.G. Yates...more

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