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HTMLEB-5 Financing Matters: 5 Things The Wall Street Journal Did Not Mention about Real Estate Finance and the EB-5 Program
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 14, 2015, previously published on September 11, 2015
The Wall Street Journal recently published two articles about the EB-5 Regional Center Program: a blog entry and a front page editorial-like review of the program. Both articles highlight gerrymandering of targeted employment areas, purported use of the EB-5 Program as cheap financing, lobbying and...

 

HTMLMind Your Neighbor’s Use of Your Land
Anthony L. Leccese; Rudolph Friedmann LLP;
Legal Alert/Article
September 10, 2015, previously published on September 8, 2015
Usually, the right to make use of another’s land, such as for access, for parking, or for the installation and maintenance of a structure or utility line, is the result of a grant (either express or implied) by the owner to the person seeking such right. In the case of an express grant, the...

 

HTMLLandlords, No-Pet Clauses and Emotional Support Animals
Jaime Michelle Cain; Boylan Code, LLP;
Legal Alert/Article
September 10, 2015, previously published on September 9, 2015
I am often asked for advice by landlords who own a single apartment and property management groups who own multifamily apartment buildings alike, whether they need to accommodate a tenant’s request to have an emotional support animal in light of a no-pet policy at the premise.

 

HTMLKaisa - A Case Study of Real Estate Restructuring in the PRC
Jonathan Leitch; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on July 1, 2015
Moody's announced in October 2014 that the detainment of Agile Property Holdings' chairman, Chen Zhoulin by government authorities was credit negative, in Moody's view, "similar incidents would adversely affect developers' borrowing costs and/or their access to offshore funding". The...

 

HTMLLetters of the Law: 'N' is for Novation
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Form
September 10, 2015, previously published on July 10, 2015
Party A contracts with Party B. Party C is substituted for Party B. The contract is now between Party A and Party C. In other words Party C has stepped into the position of Party B.

 

HTMLInclusive Communities: Supreme Court Recognizes Disparate-Impact Claims under FHA - Implications for Property Insurers
Kathleen A. Birrane, David D. Luce, Peter S. Rice; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on July 8, 2015
By a five-to-four margin, the Supreme Court of the United States has held that “disparate-impact claims are cognizable under the Fair Housing Act.” Texas Dep’t of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc., 576 U.S. -- (2015).

 

HTML4 Key Provisions Developers Should Consider in Reciprocal Easement Agreements (REAs)
Sharon Nelson Craig; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
September 10, 2015, previously published on September 9, 2015
A developer who owns a lot with the intention of dividing that lot into separate parcels for future development (each, a “development parcel”) will need a reciprocal easement agreement (“REA”). The purposes of the REA are to link the development parcels and their existing...

 

HTMLLetters of the Law: 'O' is for Omission
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on July 24, 2015
Most contractors would not argue with the scope of their work being increased (provided they are to be paid for the increase) but they might not be so pleased if the scope is reduced and the employer seeks to pay them less. Is the employer entitled to omit elements of the contractor’s work?...

 

HTMLLetters of the Law: 'Q' is for Quality
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on August 21, 2015
As with many aspects of construction and engineering law, the answer lies in a well-drafted contract. Most standard form contracts simply require the contractor to execute and complete (and in some cases design) the works in accordance with the contract. The law says the same. A well-drafted...

 

HTMLLetters of the Law: 'P' is for Provisional Sums and Prime Costs
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on August 7, 2015
Provisional sums and prime costs are not terms of art. Provisional sums and prime costs are not concepts codified in the law. There is danger that one party's understanding of how to apply them may differ from the other. The solution is to define them and set out in the contract how to apply or...

 


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