The COVID-19 pandemic is having a wide-ranging impact on the U.S. real estate industry, particularly on the relationship between landlords and tenants. In order to better understand impending risks, both landlords and tenants should review their leases and insurance policies and consult real estate counsel before taking action. A sampling of leasing issues arising during the COVID-19 pandemic is set forth below ...
According to Decree 93, on March 25, 2020 the Mayor of Bogota urged the providers of touristic housing, meaning any person that grants the use over any kind real estate property in exchange for a price such as the managers of hotels or hostels, to refrain from evicting users under vulnerable conditions in case of default ...
Covid-19 continues to affect businesses negatively. We have previously written about a few important considerations for tenants in connection with the extraordinary situation we are in. As mentioned in that article, if the tenant, on its own initiative, is forced to shut the business it conducts on the premises, the tenant is generally still obligated to pay rent as usual ...
Current status: March, 26, 2020 The joint guidelines of the federal government and the German states of March 16, 2020 also provide for the closure of retail and wholesale stores and the partial closure of restaurants and food outlets. It is now at the latest that it becomes apparent how the COVID-19 pandemic will also have a direct impact on commercial lease law ...
State of Emergency Conditions What does "state of emergency" actually meanand what are the powers of the Government in the regard? Can someone claim damages incurred in relation to the state of emergency? State of Emergency With effect from 12 March 2020 at 2 pm, the Government of the Czech Republic (the “Government”) has declared astate of emergency for 30 daysfor the territory of the Czech Republic due to health threats related to the presence of coronavirus in the
As a growing number of the workforce is being affected by the COVID-19 virus, employers are being asked to respond to benefit-related questions from employees. In the coming days, the Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center ...
In a unanimous decision, the Texas Supreme Court held on March 20, 2020 that an insurance policy’s omission of an express duty to defend “groundless, false or fraudulent” claims does not preclude application of the Eight-Corners Rule. InJanet Richards, et al. v. State Farm Lloyds, No. 19-0802, ___ S.W.3d ___ (Tex ...
In this time of the COVID-19 pandemic, there are many questions about insurance coverage. Because each policy is different, it is very difficult to generalize about insurance coverage. However, one thing we know to be true is that policyholders or insureds will be advocating for losses, primarily business losses, to be covered, while the insurance companies will be arguing the insurance policies preclude coverage either due to policy definitions or due to policy exclusions ...
Two schools of thought have emerged on business interruption insurance coverage for coronavirus, either (a) it is a total panacea that will shift the risk of coronavirus revenue losses to insurance carriers or (b) there is no possible coverage for losses caused by coronavirus. As with most things in life and insurance, the truth lies somewhere in between and will depend on the specific policy at issue and the jurisdiction interpreting the policy ...
For consideration by owners, contractors, suppliers, and project teams towards solutions on current and/or future projects. Global pandemic. Oil trade war. Volatile FX Markets. Market collapse? East African locusts. All of these global issues, and potentially others, will impact existing and new construction projects in Canada and the world over the coming months. However, a delay to a project does not always mean the project will inevitably cost more ...
Amidst continuing COVID-19 concerns, regulators issued certain waivers of HIPAA requirements and penalties as well as additional guidance applicable during this public health emergency. HIPAA Enforcement Discretion for Telehealth ...
Liens are one of the primary tools for the construction industry to secure payment claims. However, lien rights and remedies vary between states, and these distinctions are often difficult for owners, contractors, and subcontractors to navigate ...
Updated: April 4, 2020 On March 19, 2020, California Governor Gavin Newsom and the Director of the California Department of Public Health ordered all Californians to stay home “except as needed to maintain continuity of operations of the federal critical infrastructure sectors ...
On March 19, 2020, California Governor Gavin Newsom and the Director of the California Department of Public Health ordered all Californians to stay home, “except as needed to maintain continuity of operations of the federal critical infrastructure sectors.” The order provides that the State Public Health Officer “[m]ay designate additional sectors as critical in order to protect the health and well-being of all Californians ...
Many jurisdictions in Northern California and throughout the State have ordered individuals who live in those communities to shelter in place to slow the spread of COVID-19. In addition, all businesses except for “Essential Businesses” have been ordered to close. Certain construction activities, however, are exempt from the Shelter-in-Place orders, including housing projects and public works ...
As each day that passes while COVID-19 spreads throughout the country, more businesses are closing their doors to protect their employees, customers, vendors, and other people with whom they come into contact. And many of them are wondering whether there is coverage for their business losses during this time. Business interruption or business income coverage is sometimes included in commercial property coverage ...
Tips on how to mitigate losses: Mall Leases: Mall leases have ceased to be in the nature of a tenancy agreement. The clauses are no longer limited to availability of the premises, rent, lock-in period, repairs, and exit. Mall owners have come to impose sale targets on the retailers operating from their malls. Rent consists of both a percentage of the revenue earned by the retailer as well as a fixed monthly payment ...
On March 4, 2020, Governor Newsom declared a State of Emergency in the State of California as a result of the threat of COVID-19 ...
As the COVID-19/Coronavirus (COVID-19) continues to spread and affect our lives, the only certainty seems to be uncertainty. What is becoming clear is that both the short term and long term economic effects of the outbreak are likely to be significant. In light of this, real estate clients are asking important questions regarding the potential legal issues COVID-19 may have on their rights as real estate owners and operators ...
The new virus COVID-19, also known as coronavirus, is spreading exponentially all over the world, also in Brazil. The outbreak is affecting the way in which our clients and their clients conduct their businesses, and the behavior of each and every one of us drastically. The virus is not only tragic for those, whose health is being affected, but also for large parts of the economy, such as the tourism industry, airlines and general retail (other than nutrition-related) ...
The spread of the Coronavirus now affects all parts of society. Businesses must review their operations to minimize the negative consequences that may follow. At the same time, it is important to be aware of the legal consequences that may arise from risk minimization. Below is a general summary of some issues that can arise for tenants in commercial premises ...
Insurance companies ensure uncertain risks of individuals that may arise in the future and cover such risks with the premiums of the insured community. Once the risk has already occurred or is about to occur immediately and one does not have taken out insurance already, it is not possible to get insurance cover anymore ...
