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Single joint experts preferred in construction cases
Deacons, September 2021

In Perpetual Wealth (Hong Kong) Ltd v Be Solutions Company Ltd, HCA 1905/2018, the Court emphasised that for construction cases, the starting point for expert directions is that single joint expert (SJE) evidence is preferred, as it assists to narrow the scope of the issues in dispute, shortens the trial, facilitates settlement of issues and often leads to global settlement of the action...

Selecting a Master Tenant: To Be or Not to Be a Single-Asset Entity?
Dinsmore & Shohl LLP, September 2021

Commercial real estate professionals live in a world where single-asset entities (SAEs) are ubiquitous. In this respect, the niche market of HUD-affiliated health care facilities follows suit. Skilled nursing or assisted living facility owners seeking HUD-insured financing and the operators overseeing day-to-day functions at those facilities generally need to be SAEs to participate in the HUD programs...

Internet Aids the Brick and Mortar Star: Key Learnings on Retail Real Estate
Schwabe, Williamson & Wyatt, September 2021

This week, Schwabe and the Portland and Puget Sound Business Journals hosted PNW Predictions: Retail Real Estate Reimagined, a discussion on the impacts from the last 18 months and predictions for the direction that retail real estate is moving. The panel delivered a variety of perspectives via guests Kemper Freeman, Chairman & CEO, Kemper Development Co...

Internet Aids the Brick and Mortar Star: Key Learnings on Retail Real Estate
Schwabe, Williamson & Wyatt, September 2021

This week, Schwabe and the Portland and Puget Sound Business Journals hosted PNW Predictions: Retail Real Estate Reimagined, a discussion on the impacts from the last 18 months and predictions for the direction that retail real estate is moving. The panel delivered a variety of perspectives via guests Kemper Freeman, Chairman & CEO, Kemper Development Co...

OP-ED: Improper Liens Can Potentially Be Discharged Quickly Via Little-Used Statute
Schwabe, Williamson & Wyatt, September 2021

In 1997, misguided individuals initiated a practice of recording liens against the homes of public officials and other public figures. Every county in Oregon has a system for recording information about property ownership rights. A lien is a limitation on the property ownership rights. A mortgage is an example of a lien and so is a contractor’s lien...

Housing Law Shows its Teeth: Another Win for Objective Standards
Hanson Bridgett LLP, September 2021

Key Points California's First District Court of Appeal continued a recent pro-housing trend, reversing a City of San Mateo rejection of a multifamily housing development application. The court determined the denial was based on a subjective design guideline, therefore violating the Housing Accountability Act. Ambiguous guidelines may still be utilized in limited circumstances if there is a long-standing and consistent local government interpretation...

Focus on COP26: The Future of Affordable Living
Shoosmiths LLP, September 2021

The hosting of COP26 in Glasgow this year shines a spotlight on the UK in relation to sustainability performance, applying more pressure on organisations to demonstrate their green credentials and to encourage the development and usage of sustainable technologies in the race to net zero. One sector in particular that is leading the charge on decarbonisation is the affordable housing sector, but barriers exist and challenges endure...

Cambodia: Procedures and Implementation Guidelines for Checklist in Preparing the Initial Environmental and Social Impact Assessment Report
DFDL, September 2021

On 29 June 2021, the Ministry of the Environment (“MOE”) issued five new Prakas pursuant to Prakas No. 021 dated 3 February 2020 on the Classification of Environmental Impact Assessments (“EIA”) for Development Projects. These new Prakas determine the procedures and implementation guidelines for checklists used to prepare initial environmental and social impact assessment (“IEIA”) reports...

Maritime Industry Ready and Fit for 55 – Vol. 1: The Emission Trading System
Simonsen Vogt Wiig AS, September 2021

The Fit for 55-package To achieve EU’s Paris climate goals, the EU Commission presented in December 2019 the European Green Deal, including a commitment to reduce greenhouse gas emissions by at least 55% by 2030 (compared to 1990 levels) and become carbon neutral by 2050...

An In-Depth Look at the Oakland A's Proposed New Stadium Project
Hanson Bridgett LLP, September 2021

Key Points Opponents of the proposed Oakland A's stadium at Howard Terminal argued that the Governor missed a deadline to certify the project for an expedited environmental review pursuant to Assembly Bill (AB) 734, a special purpose bill.   AB 734 contained no explicit deadline for certification, but it incorporated guidelines from AB 900, as amended, which did include a certification deadline...

A Recent Ruling Involving Unlined Landfills Highlights the Pitfalls of Relying on Categorical Exemptions under CEQA
Hanson Bridgett LLP, September 2021

Key Points As litigation under the California Environmental Quality Act (CEQA) continues to drive lengthier and costlier environmental reviews, the use of "categorical exemptions" can provide a quick and efficient path towards CEQA compliance – but only if the exemption is legally sound and defensible. California's Fifth District Court of Appeal recently published Los Angeles Department of Water and Power v. County of Inyo (Cal. Ct. App., Aug. 17, 2021, No...

A Country Divided: Alert Level Differences and New Zealand’s Construction Supply Chain
MinterEllisonRuddWatts, September 2021

The Delta variant’s arrival in New Zealand has resulted in a range of novel issues impacting the construction industry.  The latest has arisen due to the interregional differences in Alert Levels.  While Auckland remains at Level 4 until at least 11:59pm on Tuesday 14 September, from 11:59pm tonight, the remainder of New Zealand will move to Level 2...

Booming Market: Real Estate Ownership Rules for Foreigners in Dubai and Abu Dhabi
Afridi & Angell, September 2021

The real estate market in Dubai has been making significant improvements in 2021 after the successful handling of the COVID-19 pandemic by the UAE. March 2021 had the highest number of transactions in 16 months as well as the highest number of secondary/ready properties transacted for foreigners in a single month since June 2015. This boom in sales resulted in record increases (23 per cent annual increase between April to June for luxury villas)...

BEFORE THE WALLS COME CRUMBLIN’ DOWN: Lessons that Condo Associations Can Learn from Surfside, Florida Condominium Building Collapse
Buchalter, September 2021

  Surfside Collapse – what we know so far: On Thursday, June 24, 2021, at approximately 1:25 a.m., Champlain Towers South, a twelve-story beachfront condominium in the Miami suburb of Surfside, Florida, partially collapsed. The collapse was reported as the third deadliest structural engineering failure in United States history. Ninety-eight people were confirmed dead, only four people were rescued from the rubble...

Prevent and Combat Money Laundering and Terrorist Financing in the Real Estate Sector
PLMJ, September 2021

Regulation 603/2021 was approved by the Governing Board of the Institute of Public Markets, Real Estate and Construction I.P. (“IMPIC”) and came into force on 5 July 2021. The aim of this regulation (“Regulation”) is to establish and regulate the procedures to be adopted in the fight against money laundering and terrorist financing in the real estate sector...

Integrating Climate Change Impact Assessments into the Environmental Impact Assessment Process
ENSafrica, September 2021

The Minister of the Department of Forestry, Fisheries and the Environment (“DFFE”) recently published a notice inviting consultation on her intention to publish a National Guideline for Consideration of Climate Change Implications in Applications for Environmental Authorisations, Atmospheric Emission Licences and Waste Management Licences (the “Guideline”)...

Let’s Break Up: The Minnesota Supreme Court’s Decision that Each Building in a Multi-Building Complex is a Separate Improvement
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ Multi-building condominium projects often raise unique legal issues as they do not squarely fall within the definitions used in state statutes. The Minnesota Supreme Court recently addressed the unique nature of multi-building condominium projects in Village Lofts at St. Anthony Falls Association v. Housing Partners III-Lofts...

Dealing with the Impacts of Global Supply Chain Disruptions in Construction Contracts
MinterEllisonRuddWatts, August 2021

In the wake of the global COVID-19 response, the construction sector is facing an unprecedented level of pressure in supply and demand for building materials both domestically and internationally, resulting in a sharp surge in costs and delays and disruption in construction and infrastructure projects...

An Introduction to the Government’s New Aquaculture Strategy
Simonsen Vogt Wiig AS, August 2021

The objectives in brief The Government would like to see the aquaculture industry grow, provided that it can do so in a sustainable manner. Statistics produced by the Directorate of Fisheries show that Norway produced and sold a total of just under 1.5 million tonnes of rainbow trout, trout and Atlantic salmon in 2020...

Climate-Related Risk Requirements for Fund Managers
Deacons, August 2021

Hong Kong’s Securities and Futures Commission (SFC) has announced details of requirements for fund managers to address climate change in their investment and risk management processes and make appropriate disclosures. Where are the requirements set out? On 20 August 2021, the SFC issued: Consultation Conclusions on the Management and Disclosure of Climate-related Risks by Fund Managers with amendments to the Fund Manager Code of Conduct (FMCC) set out in Appendix B and C...

Managing Risk Throughout the Construction Materials Shortage
Shepherd and Wedderburn LLP, August 2021

  It will be news to few that the construction industry is experiencing a serious shortage of key materials. The Construction Leadership Council first warned of shortages (in timber, steel, pitched roofing, plastics, paints/coatings, some electronic components and cement – among other materials) early this year, and has reiterated its concerns since...

Sustainable Future: Conversation Starters for Tenants
MinterEllisonRuddWatts, August 2021

MinterEllisonRuddWatts is actively engaged in The Chancery Lane Project, joining the focused effort from lawyers around the world to develop contract clauses to help fight climate change. Our firm recognises that climate change has broader implications for business and is a key consideration in today’s commercial decision making. We are proud to be the first New Zealand law firm involved in this far-reaching sustainability initiative...

Ninth Circuit Upholds 'Significant Nexus' Test for Federal Permitting of Wetlands Projects
Hanson Bridgett LLP, August 2021

Key Points Ninth Circuit reaffirms the “significant nexus” test for determining whether filling certain wetlands in 2007 violates the Clean Water Act The narrower test for determining the Clean Water Act’s jurisdiction under the 2020 Navigable Waters Protection Rule did not apply since it postdated the 2007 filling of the wetlands...

The Freeze Partnership: An Estate Tax Technique For Real Estate and Other Appreciated or Leveraged Assets
Hanson Bridgett LLP, August 2021

  The freeze partnership is an often overlooked estate tax planning tool. Unlike more common estate tax planning vehicles, the freeze partnership is not a trust and, as the name implies, is a closely-held partnership, limited partnership or LLC (in this article, the term partnership will be used to refer to partnerships, limited partnerships and LLCs)...

Cross-Agency Steering Group announces next steps to advance Hong Kong’s green and sustainable finance strategy
Deacons, August 2021

The Green and Sustainable Finance Cross-Agency Steering Group co-chaired by the HKMA and the SFC (Steering Group) announced on 15 July 2021 the next steps to advance its strategy to bolster Hong Kong’s position as a leader in green and sustainable finance and help transition the financial ecosystem towards carbon neutrality...

 

 

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