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|Avoid Common Traps of Commercial Subleases|
Charles E. Miller; Bernstein Shur;
July 30, 2014, previously published on July 29, 2014If you are a subtenant, many practical questions exist such as who will change the light bulbs, who will plow the driveway, and who is in charge if the HVAC doesn’t work or if there are other problems in the subleased premises?
|If You Own Commercial Property, the Proposed Rule Clarifying Clean Water Act Jurisdiction Could Hamper Your Future Plans: What You Need To Know|
John A. Heer, Kevin Patrick Murphy; Walter, Haverfield LLP;
July 30, 2014, previously published on July 2014The proposed new rule by the U.S. EPA and U.S. Army Corps of Engineers to define "waters of the United States" under the federal Clean Water Act (CWA) could potentially have far-reaching ramifications for commercial property owners or for companies thinking of entering into a real estate...
|Disclaimer and Rates Liability|
Dentons Canada LLP;
July 30, 2014, previously published on July 17, 2014A landlord is liable for business rates where a tenant's lease is disclaimed, even if the landlord does not take possession of the property following a disclaimer.
|Due Diligence Review: A Critical Step When Buying Real Property|
Kohrman Jackson Krantz PLL;
July 29, 2014, previously published on July 28, 2014It astonishes me how many buyers will buy real property without conducting a thorough review of the property before closing. Most buyers will ensure a title search is ordered and buy title insurance. If a recent survey or phase I environmental review has been conducted, the buyer will typically ask...
|Connecticut Expands Energy Sub-Metering|
Frederic Lee Klein; Pullman & Comley, LLC;
July 29, 2014, previously published on July 22, 2014 Up until very recently, only campgrounds and marinas could sub-meter electricity usage. This meant that landlords were prohibited by law from sub-metering electricity to their tenants. As a result, any allocation of electricity use was limited to imprecise formulas based on factors such as square...
|ABC 123: AAI, ESAs and VRAP - When to utilize DEP’s Voluntary Response Action Program|
Mary Costigan, Katherine A. Joyce; Bernstein Shur;
July 28, 2014, previously published on July 15, 2014Last time around, we mentioned that if you are going to buy a commercial property, you should investigate the existing environmental conditions of that property. It is helpful to address both the costs and timing associated with this environmental due diligence in your Purchase and Sale Agreement.
|Selected Issues in Church Governance|
Trevor A. Brown; Starn O'Toole Marcus & Fisher A Law Corporation;
July 28, 2014, previously published by Legal Handbook: A Resource Guide for Pastors, 2014 Edition on July 2014Since a primary evidence that Christians are Christ-followers is their love for one another (By this shall all men know that ye are my disciples, if you love one another. John 13:35), one hopes there is little need for a lawyer to talk about the legal rules governing business organizations and how...
|Lender Liability in Real Estate Closings; Know Your Closer Well|
Richard W. Smith; Bernstein Shur;
July 28, 2014, previously published on July 22, 2014The general phrase “lender liability” usually refers to cases where a lender does not live up to its own loan agreement, or where a loan officer promises more than the loan documents provide, or where the lender sells collateral in a commercially unreasonable manner. Lenders can also be...
|New Rules For Casual Residential Real Estate Investors|
Brian R. Pitney; Sands Anderson PC;
July 25, 2014, previously published on July 10, 2014During the Great Recession, many savvy investors and entrepreneurs took advantage of plummeting home prices and low interest rates by buying up and leasing residential real estate. Owners did not need to worry about complying with the Virginia Residential Landlord and Tenant Act (VRLTA) if they...
|The Economic Loss Doctrine Scaled Back in Massachusetts|
Asha Echeverria; Bernstein Shur;
July 22, 2014, previously published on July 18, 2014In a case recently decided by the Massachusetts Supreme Court, the Court reaffirmed that the Economic Loss Rule applies to construction cases in Massachusetts. The trustees of the Market Gallery Condominiums in Lowell filed an action against Ayer Properties seeking damages for the negligent...