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"Additional Rent" and a Tenant's "Proportionate Share"
Lawson Lundell LLP, September 2014

Most commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes, insurance premiums, repair and maintenance costs and common area utility charges. In any given year, these charges change and fluctuate.  Landlords often provide an annual estimate which tenants pay subject to a year-end reconciliation...

"Twenty Years" is Actually "Six Years" for Contractors and Manufacturers in North Carolina
Spilman Thomas & Battle, PLLC, November 2013

This year the North Carolina Court of Appeals issued an opinion that effectively nullifies many construction warranties. In Christie v. Hartley Construction, Inc., et al., No. COA12-1385, the Court limited warranties for construction defects to six years, even when the contractor or product manufacturer expressly provides a longer one.     Plaintiffs George and Deborah Christie contracted for the construction of a custom home in Chapel Hill, North Carolina, in 2004...

“Simplifications” in the Planning and Building Act (PBL) - A Political Rush Job?
Delphi, June 2014

On 2 July 2014, the new regulations regarding further building permit exemption measures will come into effect. Among the news is the opportunity to construct 25 m2 ancillary residential dwelling without requiring a building permit. However, the amendments are not entirely without controversy and have been met by strong criticism from several respondents...

A Pragmatic Approach to Quantum by the Technology and Construction Court
Shepherd and Wedderburn LLP, August 2013

The Technology and Construction Court (“TCC”) decision in National Museums and Galleries on Merseyside (Trustees of) v AEW Architects and Designers Ltd [2013] EWHC 2403 (TCC) was published last month.  In his decision, Mr Justice Akenhead shows much pragmatism in assessing the heads of quantum put forward by the Claimant, which some may view as particularly widely casted...

A Primer on Public Private Partnerships for Municipalities
Dykema, June 2009

This is the second of a three-part report on “public private partnerships.” Also known as “PPP” or “P3” projects, there is an increasing amount of press regarding these projects, some of which is contradictory and some of which is just plain confusing. The purpose of this three-part report is to provide you with some useful information in identifying and analyzing P3 opportunities. The first part of the primer provided an introduction to the P3 concept...

A Primer on Public Private Partnerships for Municipalities, Part I
Dykema, September 2008

Part I of a III Part Primer: An Introduction This newsletter is the first of a three part report prepared for our public finance clients with respect to “public private partnerships.” Also known as “PPP” or “P3” projects, there is an increasing amount of press regarding these projects, some of which is contradictory and some of which is just plain confusing...

A Tale of Two Cities
TSMP Law Corporation, February 2017

  "The best things in life are free, the second best things are very, very expensive."—Coco Chanel   Think of the most expensive cities in the world to live and places like London, New York and Paris come to mind. These cities epitomize the pinnacle of sophisticated and luxurious living, as romanticized all too often on the silver screen...

A Virginia Mechanic's Lien Refresher, Courtesy of Jack Bays
Spilman Thomas & Battle, PLLC, June 2013

In February 2013 the Supreme Court of Virginia handed down its decision in Jack Bays1, a mechanic’s lien lawsuit involving the landowner, several lenders, the general contractor and no fewer than eleven subcontractors. Although the decision broke no new ground with respect to the Virginia mechanic’s lien statutes, it is a good review of procedural issues and a reminder of the importance of thoroughly documenting work progress and communications with other parties in a construction project...

Act on Unilaterally Increasing Apartment Rent and Other Changes to Legal Regulation of Apartment Leases
Kocian Solc Balastik, December 2006

Pursuant to the so-called Four Years Act, owners may unilaterally increase the rent for certain apartments during the period of 2007 to 2010 for once a year up to the target value. The calculation method is set forth by law and the target value will be announced by the Ministry for Local Development in the Collection of Laws. The written announcement of the increase must be duly justified. The lessee may file an action in respect of invalidating the increase...

After the State of Emergency is lifted: What is the Status of a ‘Stickered’ Building in Christchurch?
MinterEllisonRuddWatts, March 2011

Following the Christchurch earthquake on 22 February 2011 a National State of Emergency was declared under the Civil Defence Emergency Management Act 2002 (CDA 2002). The State of Emergency (SOE) has been extended and remains in force as at the date of this Alert.The purpose of this News Alert is to consider the consequences for building owners and Territorial Authorities (TAs) once the SOE is lifted and the Building Act applies; however it is not a comprehensive review...

ALERT: Hotel Owners - Weathering Difficult Times
Haynes and Boone, LLP, February 2002

According to the fourth quarter 2001 report of Lodging Econometrics, the accelerated decline in the operating performance of the lodging industry will continue until the middle of the first quarter of 2002 due to the events of September 11, 2001, and the recession. Further, while the operating performance of the lodging industry may show signs of improvement by September of 2002, the effects of that improvement may not be felt until the first quarter of 2003...

Alrud Real Estate Practice Specialists Prepared an Article for IBA Newsletter: "Don't be Trapped in Lease Agreements"
ALRUD Law Firm, March 2017

ALRUD Real Estate practice Specialists, Andrey Zharskiy, ALRUD Partner, Stanislav Veselov, ALRUD Senior Associate, Galina Kulikova and Ksenia Bondarenko, ALRUD Attorneys, prepared an Article for the Newsletter of the Real Estate Section of the International Bar Association Legal Practice Division. The article, “Don’t be Trapped in Lease Agreements” covers main pitfalls that tenants in Russia may face while terminating a commercial real estate lease agreement...

ALTIUS' Real Estate & Regulatory team and ICT team contribute to 2011 editions of 'Getting The Deal Through' series
ALTIUS/Tiberghien, September 2010

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

Amendments and Supplements to the Law on Planning and Construction
Karanovic & Partners, December 2014

On 8 December 2014, the Serbian Parliament passed the law on Amendments and Supplements to the Law on Planning and Construction (“the Law”). Here are some of the most important novelties: Conversion - The concept of conversion continues to exist under the term “transformation of right of use into the right of ownership of construction land”...

Amendments in the Field of Construction and Infrastructure Projects in Romania
Nestor Nestor Diculescu Kingston Petersen, September 2018

The beginning of 2018 has brought certain amendments in the field of construction and infrastructure projects in Romania, by means of a new enactment which shivered the contractors' professional life who were used to the FIDIC provisions until this moment. The Government Decision no. 1/10.01.2018 (the “GD no...

Amendments of Legislation Regarding Land Pots
ALRUD Law Firm, November 2009

On October 7, 2009 the State Duma of the Russian Federation adopted in the first reading the draft of the Federal law on amending legislation regarding land plots...

Amendments to Classification Requirements for Engineers and Contractors in Abu Dhabi
Afridi & Angell, May 2019

Background Companies licensed to conduct engineering or contracting activities in Abu Dhabi must be classified by the Contractors and Consultants Classification and Engineers Registration Office at the Abu Dhabi Department of Town Planning and Municipalities. The applicable regulations setting out the classification requirements are not new and date back to 2009, although implementation was delayed until 2014. Subsequent to the 2009 regulations, new regulations were introduced in 2018...

Amendments to the In Law Unit (Accessory Dwelling Unit) Law
Hanson Bridgett LLP, May 2017

As reported previously in a Newsletter to readers, the City in its continuing efforts to increase the housing stock now allows the addition of one or more in-law units in almost all zoning districts that allow residential uses, notwithstanding the density limit of the zoning (such as RH-2 and RH-3 zoning). These in-law units are known as Accessory Dwelling Units (ADU) and they are created within unused or underutilized space entirely within an existing building...

Amendments To The Slovenian Construction Law
Karanovic & Partners, January 2018

With the aim of breathing a bit of fresh air into the Slovenian construction legislation, three new laws have been adopted recently and will be applied with effect from 1 July 2018. The current Construction Act will be replaced with both the new Building Act and the Architectural and Civil Engineering Activities Act, while the current Spatial Management Act will also be subject to certain amendments...

an agreement with an agent as contemplated in section 37(2) of OHASA – why it is necessary
ENSafrica, May 2016

With the advent of the Construction Regulations, 2014 (the “regulations”), which are binding in terms of the Occupational Health and Safety Act, 1993 (“OHASA”), additional duties are now placed on the “client” that did not exist under the previous regulatory regime. For example, the client now assumes the duty to prepare a baseline risk assessment for a construction work project and, depending on the factual circumstances, to apply for a construction work permit...

An Open Door to Greater Development Opportunities: Chicago City Council Approves New Transit Served Location Legislation
Dykema, January 2019

The Chicago City Council recently approved a significant amendment to the transit-oriented development provisions of the Zoning Ordinance. Prior to the change, the Chicago Zoning Ordinance, through increases and reductions of certain development standards, allowed for larger, more dense buildings on properties in close proximity to CTA or Metra train stations...

Arbitration under the Construction Industry Arbitration Commission of the Philippines
SyCip Salazar Hernandez & Gatmaitan, December 2017

The Construction Industry Arbitration Commission of the Philippines (“CIAC”) has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines. Construction disputes may range from contractual money claims to disputes over the execution of the construction work. Construction disputes may involve government or private contracts...

Are There any Limits on Absolute Discretion?
Shoosmiths LLP, January 2009

Many property agreements allow the developer to decide whether conditions attaching to planning permissions are onerous without imposing a parallel obligation to act reasonably.Despite this wide discretion, recent case law has confirmed that there is still an implied duty to act in good faith...

Asia Pacific Property Investment Guide
SyCip Salazar Hernandez & Gatmaitan, July 2013

SyCip Salazar Hernandez & Gatmaitan contributed to the Philippines section of Asia Pacific Property Investment Guide, a publication produced by Ashurst - Singapore and Jones Lang LaSalle...

Attractive Real Estate Business in the Czech Republic
Kocian Solc Balastik, July 2015

Attractive Real Estate Business in the Czech Republic The Czech property market has developed considerably in recent decades and this optimistic trend continues. According to statistical figures, the volume of commercial investment during the last twelve months to Q1 2015 in the Czech Republic reached EUR 2.6 billion, representing 90.8 % increase...

 

 

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