Archives: Leasing

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Are Contractor Joint Ventures the next development in Development?

The construction industry is witness to some fascinating developments, particularly around trophy properties in prime US coastal cities. Within the US –and California particularly- we’re seeing a large number of reputable, experienced contractors banding together to pitch and win construction contracts on trophy properties. Companies that once ferociously competed have joined forces under Joint Venture … Continue Reading

(US) Open and Transparent -or- Hide the Ball? Some Leasing Best Practices

Recently, the Commercial Lease Law Insider advised landlords to avoid lease disputes by refusing to disclose the square footage of the space. The Landlord is well advised to follow a course of action that creates trust and fosters a mutually beneficial long term Landlord/Tenant relationship. https://www.commercialleaselawinsider.com/article/dont-put-square-footage-or-dimensions-lease. The size of the tenant’s space, expressed in square … Continue Reading

(US) PA Supreme Court Act 13 decision disappoints the Oil and Gas Industry

This post was also written by Peter Schnore. The Pennsylvania Supreme Court’s December 2013 decision regarding the constitutionality of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13) came as a disappointment to the oil and gas industry. Conversely, the decision was a holiday gift to those governments, groups and individuals seeking greater … Continue Reading

(US) The Ring of Solitude; Negotiating a Retail Lease Radius Clause

The August 2013 issue of the Commercial Lease Law Insider featured an article about negotiating lease radius clauses which was voted the best issue of 2013 by the publication’s insider subscribers. Why would radius clauses garner such interest? Radius clauses are an important tool at the disposal of a retail landlord to protect its economic … Continue Reading

(US) First Step in Regulatory Relief for Condominium Developments

Last week, the U.S. House of Representatives voted unanimously to approve H.R. 2600, which, if ultimately passed, would expressly exempt condominium developments from the Interstate Land Sales Full Disclosure Act (“ILSA”). If a developer fails to satisfy ILSA requirements, a contract purchaser may have revocation rights; so an exemption from ILSA would be a welcome … Continue Reading

(US) How did you calculate my oil and gas royalty? Pennsylvania Legislature Seeks Clarity.

The Pennsylvania legislature is considering amendments to the Guaranteed Minimum Royalty Act (GMRA) that would require oil and gas lessees to disclose to oil and gas lessors the post-production costs deducted from the sale of gas to calculate the royalty owner’s 12.5 percent minimum guaranteed royalty. House Bill 1414 would require oil and gas producers … Continue Reading

(US) Where is my Blanket (Assignment)?

Pa. House Bill would end longstanding blanket conveyancing practice and increase transaction costs. The Pennsylvania House of Representatives is considering drastic changes to Pennsylvania recording and conveyancing laws that would significantly increase real property transactional costs. House Bill 942, introduced March 12, 2013, would prohibit the transfer of multiple properties with one instrument, except for … Continue Reading

(US) Will Sale and Leaseback Transactions Pump Cash into Target Company Deals

The first quarter of 2013 showed steady activity of merger and acquisition transactions, and the year continues to excite business and transaction lawyers. Headlines in the business pages announce the latest target takeover on a weekly basis. This year, Berkshire Hathaway announced its desire to spend billions of dollars on large acquisitions, then landed the … Continue Reading

(US) The Truck Stops Here – Or Should It?

According to the National Restaurant Association, the proliferation of food trucks has been one of the hottest trends in the food service industry the last few years. Such trucks have become technologically advanced and bear little resemblance to the “Good Humor” trucks and the so-called construction site “chuckwagons” that have previously dominated the mobile-food-truck sector. … Continue Reading

Focus On Risk in Commercial Lease Negotiations

Where Can Risk Be Reallocated by the Contract? As the business cycle grinds forward in a low-growth environment, it is clear that considerably more time is being made available to long-term commitments such as real estate lease contracts. Several areas present opportunities for both Landlord and Tenant representatives to utilize the Lease negotiation to reduce … Continue Reading
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