By James Doerfler and Alison Wickizer Toepp on Posted in Real Estate (U.S.)
The American Institute of Architects (AIA) contracts, the most commonly used set of construction contract forms on commercial projects in the United States, recently released the second part of its once-in-a-decade updates to the 2017 versions of its primary forms. A Client Alert was issued summarizing the changes, which are described at length in a … Continue Reading
On January 1, 2015, the final Basel III rules regarding regulatory capital for banks with greater than $500 million in assets and all savings and loan holding companies took effect. Basel III imposes new rules for high volatility commercial real estate (HVCRE) which the regulations define as a credit facility that finances the acquisition, development … Continue Reading
In an article published on Law360.com titled "Tech Was ‘Not Tethered To Spreadsheets’ For 2014 RE Buys," Simon Adams of Reed Smith’s Real Estate Practice Group comments on the real estate market effects in Northern California caused by a booming tech industry demand for office space. Tech companies are doing massive deals, often demanding lease terms … Continue Reading
Negotiation of the construction allowance is an important part of most commercial lease transactions and usually centers around the size of the allowance and the type of improvements to be constructed. However, the tax consequences flowing from the construction allowance are frequently subject to far less negotiation. If the tenant owns the improvements after construction, … Continue Reading
This post was also written by Joshua Leventhal In an effort to expedite the litigation process, reduce court costs and to offer contracting parties an alternative to arbitration, the New York State Supreme Court Commercial Division has adopted an “accelerated adjudication” rule, effective as of June 2, 2014, for all disputes exceeding $500,000. The “accelerated adjudication” … Continue Reading
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
A new year brings the inevitable macroeconomic predictions and conjecture about how those predictions will affect real estate and capital markets, in addition to real estate asset class and market forecasts. The CoStar Group summarized 14 predictions it likes for 2014, and other real estate firms, such as Colliers International and Jones Lang LaSalle, offered … Continue Reading
Despite the recent low interest rate environment, some projects just will not support market rate construction loans. What then is the developer to do? Over the last few years developers have begun to turn to the purchaser to finance construction of a project. This technique can be used for both residential and commercial development. Many … Continue Reading
