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Private Landowners Lose Ability to Apply for ALR Exclusion
Lawson Lundell LLP, October 2020

On September 30, 2020 important changes to the Agricultural Land Commission Act, [SBC 2002] Chapter 36 and the associated regulations came into force that may significantly affect the prospects for removal of private land from the Agricultural Land Reserve (“ALR”). These changes are of particular note to private owners of ALR lands slated for future development...

Focus on Myanmar - Finance & Loan Security Rights in Real Estate in the COVID-19 Era: 10 Key Q&As
DFDL, October 2020

Hot on the heels of our other two series which dealt with aviation and restructuring & insolvency, DFDL is proud to unveil the next Q&A series, this time on Real Estate and Banking & Finance issues throughout Southeast and South Asia. The first edition will focus on Myanmar...

Buchalter COVID-19 Client Alert: California Extends Validity of Housing Entitlements During the COVID-19 Crisis
Buchalter, October 2020

On September 28, 2020 Governor Gavin Newsom signed into law Assembly Bill (“AB”) 1561, which extends “by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement” that was in effect on March 4, 2020 and will expire prior to December 31, 2021...

Buchalter COVID-19 Client Alert: California Extends Local Ability to Enact Commercial Eviction Moratoriums and Questions Abound for Local Governments, Tenants and Landlords
Buchalter, October 2020

On September 23, California Governor Gavin Newsom issued an executive order extending the ability of local jurisdictions to enact their own eviction moratoriums on commercial tenancies from September 30, 2020 to March 31, 2021. This extension follows weeks of pressure from mayors and county officials throughout California who argued that a wave of commercial evictions would be coming if no action was taken legislatively or executively by September 30...

PENJANA Short-Term Economic Recovery Plan: Incentives for Property Sector
Shearn Delamore & Co., October 2020

In this article, Tang Yen Yi examines the PENJANA Short-Term Economic Recovery Plan in relation to the property sector. During these unprecedented times of a global pandemic due to COVID-19, the Government of Malaysia announced the recovery plan for the country’s economy: PENJANA Short-Term Economic Recovery Plan (“PENJANA”).PENJANA includes plans to stimulate the economy with incentives for real estate transactions...

SWW v Ketua Pengarah Hasil Dalam Negeri1 - The Granting of Judicial Review by the High Court of Malaya in Tax Proceedings.
Shearn Delamore & Co., October 2020

A case note by Abhilaash Subramaniam Introduction In the recent case of SWW v Ketua Pengarah Hasil Dalam Negeri, the High Court of Malaya granted the taxpayer leave to apply for judicial review, a stay of proceedings pending the disposal of the taxpayer’s application for judicial review and subsequently allowed the taxpayer’s judicial review application on the merits, ordering a prohibition on all collection and enforcement action relating to disputed taxes and assessments

Strike Out Negligence Claim Appeal Dismissed
MinterEllisonRuddWatts, October 2020

MSC Consulting Group Limited v Oyster Management Limited [2020] NZCA 417 MSC Consulting Group (MSC), a firm of consulting engineers, faced a claim of negligent misstatement by Oyster Management Group (Oyster) and Corinthian Trustees Limited (Corinthian) in respect of seismic reports it prepared...

Quantum Meruit: Remuneration Where There is No Contract
MinterEllisonRuddWatts, October 2020

A well drafted contract can facilitate and contribute to a successful construction project. Ideally, contracts should be finalised and signed before any work is carried out on site. In practice, this does not always occur and is not always possible. This can have unfortunate consequences, particularly from the litigation perspective. It is not uncommon to encounter situations where work starts before the execution of a formal contract, and the anticipated contract never materialises...

The Implications of Holding Over at Lease Expiry
MinterEllisonRuddWatts, September 2020

The COVID-19 pandemic has created uncertainty in many aspects of our business and personal lives. In some cases, it has made what were already complex business decisions even more complicated. An example of this is the decision that a tenant has to make at the end of its lease – whether to renew its existing lease (if it has a right to renew), negotiate a new lease for its existing premises (if it does not have a right to renew), or move to new premises...

California’s Prohibition on Arbitration Agreements in Residential Leases is Extended to Continuing Care Contracts
Hanson Bridgett LLP, September 2020

In Harris v. University Village Thousand Oaks, CCRC, LLC, plaintiffs, residents at Defendant’s continuing care retirement community who had previously signed binding arbitration agreements in their continuing care contracts, argued that under applicable California law, the arbitration agreements were invalid and they could therefore litigate their claims in a court of law. Defendant University Village sought to enforce the arbitration provisions of the continuing care contracts...

Change in the Frequency of Mandatory Communications to the IMPIC
PLMJ, September 2020

Law 58/2020 of 31 August implemented Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 and Directive (EU) 2018/1673 of the European Parliament and of the Council of 23October 2018 into Portuguese law. The new law entered into force on 1 September 2020 and introduced considerable changes to the existing rules in order to implement new measures to prevent and combat money laundering and terrorist financing in the Portuguese legal system...

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: 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...

 

 

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