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Focus on COP26: The Long Road to Glasgow
Shoosmiths LLP, April 2021

The UK will host the UN’s COP26 climate change conference in November 2021, but what is a COP – and what happened at the previous 25 COPs? 15 April 2021 marks 200 days until COP26 is due to start. Taking place in Glasgow from 1-12 November 2021, COP26 is the 26th session of the Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC)...

New State Guidelines Clarify When Leases of Local Agency-Owned Land are Subject to the Surplus Land Act
Hanson Bridgett LLP, April 2021

Key Points The California Department of Housing and Community Development has released new guidelines for implementing the Surplus Land Act, which clarify when leases are subject to the terms of the Act. Pursuant to the new guidelines, leases are not subject to Surplus Land Act when the lease involves "land on which no development or demolition will occur" or leases with "a term that is less than five (5) years (including any extensions, amendments or options)...

England’s Court Rules in Favour of Contractor for Unpaid Retention
Deacons, April 2021

In DR Jones Yeovil Ltd v The Stepping Stone Group Ltd [2020] EWHC 2308 (TCC), England’s Technology and Construction Court ruled in favour of a contractor in its claim for unpaid retention under a JCT contract and dismissed the employer’s counterclaim for alleged defects. Certificates of Making Good were never issued and one of the questions before the court was whether that meant there could be no recovery of the balance of retention...

Court of Appeal Rules on Meaning of “Default” in Construction Contract
Deacons, April 2021

The appeal in ABC Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645, concerned the proper construction of a Target Cost Contract based upon the standard Institute of Civil Engineers Conditions of Contract, Target Cost Version, First Edition (ICE Conditions) and subject to standard amendments commonly used in the rail industry, known as Network Rail 12 (N12 Amendments)...

Court Finds Flat Owner Liable for Water Leakage Caused by Alteration Works
Deacons, April 2021

In the recent case of Cheng Pan & Anor v Yau Lai Wah, HCA 376/2015, the Court held the Defendant liable for loss and damage caused by water leakage from his property into a neighbouring property, which resulted from the Defendant’s contractors carrying out works to pipes located in the Defendant’s property...

The National Security and Investment Bill: What Does it Mean for Real Estate?
Shoosmiths LLP, April 2021

The National Security and Investment Bill will allow government intervention in transactions raising national security concerns. It will require investors in UK real estate to consider whether the regime applies and factor in any timetabling implications. The Bill is currently being examined in the House of Lords. It will introduce an independent screening regime in the UK where a transaction gives rise to national security concerns...

Contract Language Matters, Even to Uncle Sam
Bradley Arant Boult Cummings LLP, March 2021

No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not much room for interpretation. The government was recently reminded of this cold, hard truth after it refused to grant a contractor an equitable adjustment of the contract price for purchasing wetland mitigation credits. In Kiewit Infrastructure W. Co. v...

Government’s Failure to Grant REA Can Constitute Breach of Contract
Bradley Arant Boult Cummings LLP, March 2021

The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under Federal Acquisition Regulation (FAR) 52.245-1 (Government Property) where the conditions specified in that clause are present and the contractor is able to show financial loss...

Hasta La Vista, Baby! Contracting Officer Erroneously Terminates Contractor for Default
Bradley Arant Boult Cummings LLP, March 2021

In a December 2020 opinion, the United States Civilian Board of Contract Appeals (the “Board”) reviewed and reversed a Federal Highway Administration (“FHWA”) Contracting Officer’s (“CO”) decision to terminate for default Eagle Peak Rock & Paving, Inc.’s thirty-six million dollar contract (the “Contract”) for work on a project in Yellowstone National Park (the “Project”)...

Guest Notebook: New Law Offers Rent Relief for Commercial Tenants
Bradley Arant Boult Cummings LLP, March 2021

At the end of 2020, Congress enacted the Consolidated Appropriations Act, 2021, partially in response to the COVID-19 pandemic and resulting economic crisis. While funding the federal government and preventing a government shutdown, the CAA also included several amendments to the bankruptcy code providing much-needed rent relief for commercial tenants. The bankruptcy code generally requires a debtor in bankruptcy to timely pay its rental obligations during the bankruptcy case...

Strategic Land: Don’t get Fazed by Phasing!
Shoosmiths LLP, March 2021

Phasing is one of the key factors to consider and get right in planning for large scale, strategic development. A well-phased scheme divides the site into distinct parcels of land allowing reserved matters to be submitted and conditions discharged in relation to each parcel, individually, as it comes to be developed. It also allows planning obligations in section 106 Agreements to be apportioned between parcels and (in some cases) to be attached and limited to particular parcels...

Interview: The Future of Logistics
Shoosmiths LLP, March 2021

This article forms part of our ‘New How: Perspectives’ campaign: ‘The logistics industry is booming, but can our infrastructure keep up?’. Here Choisanne Man, a real estate partner in Shoosmiths’ London office, speaks with David Proctor, Managing Director, Group Investment at Segro, to discuss the state of the logistics sector including the challenges it poses for our towns and cities. 1...

Environmental Development and Real Estate Issues in Texas Solar Projects Webinar Recording
Bradley Arant Boult Cummings LLP, March 2021

As competition for project siting increases, so do the challenges of development due diligence. This webinar will address significant issues and questions surrounding real estate contracts, title insurance, and environmental assessment and permitting common in solar PV project development. Bradley’s renewable energy attorneys will share advice and experience managing key development challenges and environmental compliance concerns presented by solar PV project development...

The Claim Process — Concurrent Delays: Understanding the Impact on Delay Claims
Bradley Arant Boult Cummings LLP, March 2021

A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one party. If you are impacted by a delay to the critical path that was not within your control but are responsible for another overlapping delay to the critical path, the delays are concurrent, and you may not be able to recover damages for the former delay...

Buchalter COVID-19 Client Alert: Mind the Gap: No Rent Relief for The Gap in New York
Buchalter, March 2021

  In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New York rejected an attempt by The Gap, Inc. (“Gap”) to excuse payment of such obligations due to the pandemic and related government restrictions...

Real Estate IHL Series – Virtually Effective
Shoosmiths LLP, March 2021

The legal and practical issues that arise when executing documents electronically with a focus on practical points to consider and pitfalls to avoid. This is quite a hot topic at the moment with businesses having to continue to operate during lockdown...

Extension of the Deadline for Integration of Special Plans and Suspension of Construction on Developable Land (?)
PLMJ, March 2021

In recent months, the need to conclude the procedures to adapt/amend/revise the municipal and inter-municipal plans for spatial planning has been widely discussed by the municipalities, the Government, economic agents and civil society. This discussion has focused on: i) The integration into in those plans of the rules contained in special plans concerning the arrangements to safeguard territorial resources and natural values that directly bind private individuals...

Chapter 19 of HUD’s New MAP Guide – Initial Takeaways for Lenders and Borrowers
Dinsmore & Shohl LLP, March 2021

For those of us in the HUD-insured multifamily finance space who make our living trying to shrink the time period between firm commitment and closing, Chapter 19 of the new Multifamily Accelerated Processing (MAP) Guide was a must-read when it was published at the end of 2020...

Title Review 101 for Commercial Real Estate Transactions
Bradley Arant Boult Cummings LLP, March 2021

Title reviews are the heartbeat of the due diligence process. When a buyer is considering acquiring a commercial property, it is the title review process that confirms the seller actually owns the property and provides an overview of all rights affecting such property...

Citizen Consultation Process on Amendment to the Regulations on Tailings Dams
Carey, March 2021

On March 4, 2021, Exempt Resolution No. 625 of the Ministry of Mining (“Res. No. 625”) was published in the Official Gazette. Res. No. 265 sets forth a citizen consultation process on the proposal to amend Supreme Decree No. 248 of 2007, which approved the Regulations on the Approval of Projects of Design, Construction, Operation and Closure of Tailings Dams (the “Regulations”)...

The Eviction Moratorium: A Texas Federal Court Holds the CDC Lacks Authority to Regulate Private Property Rights—BUT Eviction Moratorium Remains
Dykema, March 2021

On Thursday, February 25, 2021, a Federal Court Judge in the Eastern District of Texas sided with a group of landlords by holding that the eviction moratorium instituted by the Centers for Disease Control and Prevention (CDC) is unconstitutional by extending “far beyond the legitimate scope of federal power...

Additional Stamp Duty Land Tax Charges for Non-Residents
Shoosmiths LLP, March 2021

From 1 April 2021, a 2% Stamp Duty Land Tax (SDLT) surcharge will apply to non-UK residents purchasing residential property in England & Northern Ireland. However, what is meant by a non-UK resident in these circumstances can result in some surprising outcomes...

Time is Running Out to Contest your 2020 Property Tax Value in Ohio
Dinsmore & Shohl LLP, March 2021

The period for filing complaints to challenge 2020 property tax values in Ohio ends on March 31, 2021. For properties assessed in a 2020 county reappraisal or update, a reduction in the 2020 value may offer greater tax savings now than at any point for the next three tax years. However, the potential impact of COVID-19 on tax year 2021 values must be carefully considered...

Buchalter COVID-19 Client Alert: FHFA Extends Freddie Mac and Fannie Mae Single-Family Eviction and Foreclosure Moratoria, and Extends GSE Forbearance and Deferral Lengths; List of Current Periods for GSEs, Federal Agencies and States of California, Washington, Oregon and Arizona
Buchalter, February 2021

By Michael Flynn, Doug Prince and Khaled Tarazi Buchalter’s February 16 COVID Alert (https://www.buchalter.com/wp-content/uploads/2021/02/FHA-VA-USDA-Foreclosure-and-Eviction-Moratoria-and-Forbearance-Application-Deadline-Extended-to-June-30.pdf) reported that the federal government had extended the FHA, VA and USDA timelines for single-family foreclosure and eviction moratoria and forbearance periods to June 30, 2021...

Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order
Buchalter, February 2021

 By Michael Flynn, Doug Prince and Khaled Tarazi  On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order.  The case was brought by seven Texas landlords against the CDC, challenging the CDC moratorium order.  The CDC moratorium applies to tenants who, among other things, declare economic hardship and earned $99,000 or less in 2020 ($198,000 for couples)...

 

 

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