Australia’s accession to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 (Convention) will streamline administrative procedures involved in transnational litigation. This welcome step will reduce many risks associated with transnational litigation, giving confidence to Australians engaged in international transactions ...
ALTIUS' Real Estate & Regulatory team and ICT team contribute to 2011 editions of 'Getting The Deal Through' series • 07/09/2010 Lieven Peeters , William Timmermans, Suzy Miller and Charlotte Boumal, lawyers in ALTIUS' Real Estate & Regulatory practice, wrote the Belgian Chapter of the "Getting the deal through - Construction" book published by Law Business Resear
Declarations must be filed at Land Department Directions on Strata Law seek to clarify regulation of jointly-owned developments used by owners or occupiers There has been much speculation in recent years about the introduction of the Strata Law, which aims to remove the legal ambiguity with respect to jointly-owned property that currently exists for both homeowners and developers alike ...
02 September 2010 In July 2010 the British Property Federation and the Construction Clients' Group reported that two thirds of companies commissioning construction services have no knowledge whatsoever of the Construction (Design & Management) Regulations. These regulations - commonly referred to as the CDM Regs and updated in 2007 - apply to almost all construction projects undertaken in the UK ...
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Once a company files a Chapter 11 bankruptcy petition (to sell its assets, reorganize or liquidate), Bankruptcy Code § 1114 sets forth a detailed procedure for the employer to follow to modify or terminate certain retiree benefits. Among other things, § 1114 imposes on the employer the burden of showing that the elimination or modification of benefits is necessary to permit reorganization ...
by Bryan G. Scott After having filed and perfected a claim of lien on real property, you, as general contractor, have just entered into a written settlement agreement to settle a payment dispute with the owner. Your agreement requires the owner to pay you $300,000 in three monthly installments. The owner makes the first payment, but then refuses to make additional payments ...
In the slipstream of the general Belgian, European and global economies, 2010 will be qualified as ayear of slow and prudent transition for Belgium’s real estate market. After a correction process in 2008-2009, the Belgian real estate market is showing signs of recovery, and the appetite for investments appears to be increasing ...
High Noon for the planning system chimed on 28 October with the publication of the White Paper "Local Growth: Realising Every Place's Potential". The DCLG Business Plan 2011-2015 followed with a timetable for implementation. If brought forward in their current form, the White Paper's proposals will dramatically change the dynamic of the planning framework ...
For a surrender of lease to be effective, the tenant must relinquish its lease to its immediate landlord and the landlord must accept that. The combination of these acts extinguishes the lease. There are two methods of effecting a surrender: expressly, by way of deed, and by operation of law. The preferred route is expressly by a deed of surrender, as the parties' acquiescence is clear and unequivocal ...
What are collateral warranties and why are they needed? Collateral warranties have been a common feature of building and engineering projects for many years now, yet to many they remain a mystery. There are many legal and commercial rationales for collateral warranties, which can be summarised as: Marketability of the project – if a robust collateral warranty package is not in place then this can lead tenants and purchasers to seek other commercial concessions ...
After nearly five years of legislative effort in Mexico, particularly in the area of tax, a structure has been established that will make it attractive for companies to issue, and investors to acquire, securities based on a beneficial interest in an Infrastructure and Real Estate Trust (known by its Spanish acronym “FIBRA”) ...
The amendments made to the Civil Code of Québec (“C.C.Q.”) in 2002, article 2762 provides that:2762. A creditor having given prior notice of the exercise of a hypothecary right is not entitled to demand any indemnity from the debtor except interest owing and costs ...
Dubai is a country built on tourism, renowned worldwide for its lavish hotels and luxurious resorts. Naturally construction and real estate are very popular sectors in such a country. When the recession hit the UAE, Dubai’s real estate industry suffered and investment declined at an alarming rate, leaving the country in a slump. In late 2009 it was revealed that Dubai had $20 billion worth of debt ...
Recently, the Supreme Court of Virginia issued two decisions which have some potentially far-reaching implications for construction and development contracts. First, the Supreme Court issued an opinion in Uniwest Construction, Inc. v. Amtech Elevator Services, Inc.,280 Va. 428, 699 S.E.2d 223 (2010), which involved several issues regarding the scope and effect of certain indemnification provisions typically seen in development and/or construction contracts ...
The China International Economic and Trade Arbitration Commission (CIETAC) is one of the busiest arbitration centres in the world, handling some 1,400 cases in 2009. It is by far the largest and most reputed arbitral organisation in Mainland China and the most obvious choice of Chinese businesses ...
As of 6 April 2011 the property sector will be subject to the full application of competition law. Until now, restrictions on competition contained in land agreements have benefited from a specific exemption. This exemption has been withdrawn so that from 6 April 2011 the rules on restrictive agreements apply in full to existing and new agreements ...
Latest news on Italian Investment Funds: Italian Government withdraws proposed regulatory changes affecting real estate and private estate equity funds and adopts new taxation scheme for investors in real estate funds ...
On May 11, 2011, the Supreme Court of Canada released its reasons for judgment in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd, 2011 SCC 23. While the case was decided under the now repealed Real Estate Act, R.S.B.C. 1996, c. 397, the findings are nonetheless of interest to real estate developers governed by the Real Estate Development Marketing Act, S.B.C. 2004, c. 41 (“REDMA”) ...
Market Overview As the timeshare market continues to recover from the dramatic contraction of the tourism industry and overall decline in consumer discretionary spending, Western Reserve believes a “dose of equity” is needed to aid this recovery and recapitalize this highly leveraged industry Significant consolidation is expected among smaller private operators, which do not possess critical mass to pursue public equity and are too small
When things go wrong in a construction project, multiparty contractual relationships almost inevitably increase the difficulty of achieving a negotiated settlement. On the other hand, the motivations for settlement may remain strong, often in the hope of avoiding significant legal costs, saving time and preserving existing business relationships ...
On 1 October 2011 changes to the Housing Grants, Construction and Regeneration Act 1996 will come into force. The changes will apply to any construction contract entered into on or after that date. Construction contracts entered into before this date will continue to be governed by the old rules ...
Many commercial property owners and occupiers whose businesses have been destroyed or impacted during this summer's riots are just beginning to come to terms with the true cost of the damage caused. A number of individuals whose homes have been affected also face the severity of the impact ...
Under the Hungarian Civil Code, neighbours are required to refrain from any conduct that would needlessly disturb others, especially their neighbours, or jeopardize the exercise of their rights. Well-established judicial practice lies behind the above-cited provision of the Civil Code, the most important features of which we briefly summarize in the following ...
The Breach of a Promise to Purchase – Liability of the Third Party Purchaser - The sale of real estate assets usually starts with a preliminary contract, more specifically, a promise to purchase signed by the seller and the purchaser, which sets out most of the terms and conditions of the deed of sale to be entered into. However, it may happen that an owner will go back on his word and choose to sell to a third party whose offer for the assets is more favourable ...
