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Real Estate Privatization - Regulations by The Secretariat for the Coordination and Governance of the Federal Government's Assets
Veirano Advogados, September 2020

  In order to follow its task of reducing bureaucratization of the sale process of federal real estate properties, the Secretariat for the Coordination and Governance of the Federal Government’s Assets (SCGPU) edited three ordinances intended to regulate instruments brought by Law no. 14...

COVID-19 and Commercial Leases in the UAE
Afridi & Angell, September 2020

The Covid-19 pandemic has swept the globe like a tsunami and it continues to impact countries and their economies worldwide. The UAE is no exception. Businesses have come under increased cost pressure as revenues decline. Such cost pressure primarily involves real estate leasing costs. In this inBrief, we look at the impact Covid-19 has had on commercial leases...

Court Held that Pre-Bid Agreement Appointing Sub-Subcontractor could not be Inferred
Deacons, September 2020

In the recent case of Redland Precast Concrete Products (China) Ltd v Permasteelisa Hong Kong Ltd, HCCT 35/2018, the Court had to decide whether a contract existed between the Plaintiff and Defendant whereby the Defendant agreed to appoint the Plaintiff as its subcontractor for works to be carried out on a project...

When will the Court Grant an Interim Injunction to Stay Arbitration Proceedings?
Deacons, September 2020

In the recent case of Atkins China Ltd v China State Construction Engineering (Hong Kong) Ltd, HCMP 1193 2020, the Plaintiff sought in its Originating Summons (i) a declaratory judgment that, as a matter of construction, a settlement agreement entered into between the parties had settled all claims and counterclaims arising under a Design Agreement; and (ii) a final injunction restraining the Defendant from taking further steps in the arbitration proceedings commenced in the name of the

MBIE Opens Consultation on Proposals to Reduce Carbon Emissions in the Building and Construction Sector
MinterEllisonRuddWatts, September 2020

The Ministry of Business, Innovation and Employment (MBIE) is consulting on proposed regulatory changes to reduce carbon emissions in the building and construction sector whichit intends to start rolling out next year...

Buchalter COVID-19 Client Alert: The Future of California Evictions in the COVID Era - California Judicial Council Votes to End Statewide Eviction Moratorium
Buchalter, September 2020

On Thursday, August 13, the California Judicial Council elected to rescind Emergency Rules 1 and 2 related to eviction and foreclosure actions in California applicable to both residential and commercial properties, effective September 1, 2020. Emergency Rules 1 and 2, previously put in place on April 6, prevented all unlawful detainer and foreclosure actions statewide, except in cases of public health or safety...

Buchalter COVID-19 Client Alert: Expansive New National COVID-19 Related Residential Eviction Moratorium Order Issued by the CDC
Buchalter, September 2020

The Centers for Disease Control and Prevention has issued an order titled “Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19” (“Order”) forbidding evictions of residential tenants who do not exceed certain income levels (generally $99,000 for an individual), are unable to make full rental payments due to substantial loss of income, loss of job, or extraordinary medical expense, and have exhausted all available governmental sources o

New California and Federal Moratoria on Evictions Based on Non-payment
Hanson Bridgett LLP, September 2020

Key Points New California law prohibits residential evictions based on the non-payment of rent and other fees due between Mar. 1, 2020, and Jan. 31, 2021, if failure to pay is due to COVID-19 related distress. California courts may not issue summonses in any residential unlawful detainer actions based on non-payment until Oct. 5, 2020. New Order from the Centers for Disease Control and Prevention halts evictions for tenants who meet specific requirements through Dec. 31, 2020...

Walking the Tightrope: Liquidation Agreement 'Traps for the Unwary'
Bradley Arant Boult Cummings LLP, August 2020

When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim...

August Construction News
MinterEllisonRuddWatts, August 2020

A range of news from the construction and infrastructure industries for August.   MinterEllisonRuddWatts in the Market The operation of force majeure clauses in the COVID-19 era On 26 August, Construction Partner Travis Tomlinson presented at Contract Law New Zealand’s virtual Contract Law Masterclass alongside other industry experts...

Fletcher Construction Company Limited v Spotless Facility Services
MinterEllisonRuddWatts, August 2020

A recent case between Spotless Facility Services (NZ) Ltd (Spotless) and The Fletcher Construction Company Ltd (Fletcher) serves as a timely reminder for parties issuing payment schedules to ensure that they comply with the requirements of section 21 of the Construction Contracts Act 2002 (the CCA)...

Covid-19 Bill 2020 - Affecting Housing Developers and Homebuyers
Shearn Delamore & Co., August 2020

On 25 August 2020, “The Temporary Measures For Reducing The Impact of Coronavirus Disease 2019 (Covid-19) Bill 2020” (“Covid-19 Bill 2020”) was passed by the Dewan Rakyat. When will the Covid-19 Bill 2020 come into operation? The Covid-19 2020 Bill comes into operation on the date published in the Gazette. However, it will have a retrospective effect and will be deemed to have come into operation on the first day of the Movement Control Order i.e...

COVID-19 Alert Levels and the Construction Industry
MinterEllisonRuddWatts, August 2020

The COVID-19 Public Health Response (Alert level 3 and 2) Order 2020 came into force at 11:59pm on 12 August 2020, putting Auckland into alert level 3 and the rest of New Zealand into alert level 2. This is the second time New Zealand has experienced the respective alert levels, with parties more prepared and familiar with the requirements and restrictions...

Coronavirus: Payment of Rents and Other Remunerations – Deferral and New Rules
PLMJ, August 2020

COVID-19 and the measures to mitigate the disease have had an enormous impact on people’s lives and on many sectors of the economy. In response, with regard to lease agreements and other forms of commercial use of real estate premises, the Portuguese legislature decided to introduce exceptional rules for situations of late payment of rent and other payments under said agreements...

COVID-19 Outbreak and the Hong Kong Construction Industry
Deacons, August 2020

On 27 July 2020, the Centre for Health Protection reported a large-scale outbreak cluster on a construction site at the Peak with 13 workers of Kin Shing (Leung’s) General Contractors Limited being infected with COVID-19. Over 100 people work in the same construction site on a daily basis...

Generating Captive Revenue through Tenant Liability Programmes
Bradley Arant Boult Cummings LLP, August 2020

The real estate sector is facing numerous economic challenges. The property and casualty markets are hardening, while tenants are looking for rent concessions. Meanwhile, moves by some businesses to allow more working from home could significantly reduce demand for office space. When insurance expenses are increasing, a captive may be used to stabilise premium costs by increasing deductibles and insuring the deductibles in the captive...

Construction Industry Arbitration Commission ("CIAC") Guidelines on the Conduct of On-Line or Virtual Proceedings for CIAC Cases
SyCip Salazar Hernandez & Gatmaitan, July 2020

This is a briefing on the CIAC Memorandum Circular No. 01-2020 dated June 10, 2020,1 a COVID-19 related issuance. A. Authority to Hold Virtual Proceedings B. No Change in the Deadline for the Issuance of Final Awards C. In-Person Proceedings D. Conduct of Virtual Proceedings ______________________________________________________________________________________________________________ CIAC’s Memorandum Circular No...

Buchalter COVID-19 Client Alert: UPDATE: San Francisco’s Emergency Ordinance on Cleaning Commercial Office Buildings and Hotels Signed by Mayor and Became Effective July 17, 2020
Buchalter, July 2020

  The San Francisco Emergency Ordinance on cleaning commercial office buildings larger than 50,000 square feet and tourist hotels was signed by the Mayor on July 17th, becoming effective immediately upon her signature. As noted in a prior Buchalter Client Alert, there are many problems with this Ordinance and, unfortunately, none of those problems were corrected before it was signed into law...

Kentucky Community Property Trust Act Provides Significant Basis Planning Opportunities for Married Couples
Dinsmore & Shohl LLP, July 2020

On July 15, 2020, the Kentucky Community Property Trust Act (the “Act”; codified at KRS 386.620 et seq.) became effective, instituting an elective community property regime under Kentucky law. The intent of the Act is to permit spouses to receive a stepped-up basis for federal income tax purposes at the death of the first spouse in 100 percent of the property they have elected to treat as community property...

Underperforming real estate: Can REIT (funds) assist developers in the UAE?
Afridi & Angell, July 2020

During these unprecedented times, developers all over the world are actively looking for solutions to deal with underperforming real estate. For developers in the United Arab Emirates (UAE), real estate investment funds (otherwise known as REITs) may offer a solution to the problem. A REIT is a public or private investment fund which is established to invest a certain percentage (as stipulated by law) of its assets in real estate...

Buchalter Client Alert: San Francisco Cannot Impose a Transfer Tax on the Value of an Existing Lease With a Remaining Term of Over 35 Years When the Building is Sold
Buchalter, July 2020

A recent opinion, 731 Market Street Owner, LLC v. City and County of San Francisco (Cal. Ct. App., June 18, 2020, No. A154369) 2020 WL 3285962 (“731 Market Street Owner”), issued by a California Court of Appeal in San Francisco provides some relief to San Francisco building owners...

Golden Visa: The Conditions and Requirements to Obtain and Renew an Investment Residence Permit in Portugal
PLMJ, July 2020

The regulations of the legal framework for foreigners in Portugal and the procedure and rules to be followed by applicants for Investment Residence Permits (normally referred to as “Golden Visas” or “ARIs”), provide for a large number of investment models within the eight types of investment activity with the following specifics. Investment activities a) Transfer of capital of at least EUR 1,000,000...

COVID Program - RENT Before Starting (UPDATE 02)
Kocian Solc Balastik, June 2020

The state contribution for commercial leases to entrepreneurs with forcibly closed establishments will be launched on June 26, 2020 at 9 AM. If the entrepreneur has negotiated a 30% discount on the rent from his landlord, he will be able to apply for state support in the amount of 50% up to a ceiling of CZK 10 million for the period from April to June...

Protection for Commercial Tenants in Alberta Now Available in the Wake of COVID-19
Lawson Lundell LLP, June 2020

Protection for commercial tenants, similar to what was previously announced in British Columbia, is now potentially coming to Alberta. See the Alberta government’s news release, dated June 16, 2020. On June 16, 2020, the Alberta government introduced Bill 23: the Commercial Tenancies Protection Act, which is intended to protect commercial tenants from evictions and lease terminations during the COVID-19 pandemic...

Buchalter COVID-19 Client Alert: Financial Accommodations for Airport Tenants in Response to COVID-19
Buchalter, June 2020

Airport sponsors and their legal counsel have been forced by the COVID-19 pandemic to exercise judgment and make tough decisions regarding the financial accommodations they will offer their commercial aeronautical tenants to help them weather the current storm...



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