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HTMLAvoid Common Traps of Commercial Subleases
Charles E. Miller; Bernstein Shur;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
If 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?

 

HTMLIf 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;
Legal Alert/Article
July 30, 2014, previously published on July 2014
The 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...

 

HTMLDisclaimer and Rates Liability
Dentons Canada LLP;
Legal Alert/Article
July 30, 2014, previously published on July 17, 2014
A 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.

 

HTMLConnecticut Expands Energy Sub-Metering
Frederic Lee Klein; Pullman & Comley, LLC;
Legal Alert/Article
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...

 

HTMLDue Diligence Review: A Critical Step When Buying Real Property
Kohrman Jackson Krantz PLL;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
It 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...

 

HTMLSelected Issues in Church Governance
Trevor A. Brown; Starn O'Toole Marcus & Fisher A Law Corporation;
Presentation
July 28, 2014, previously published by Legal Handbook: A Resource Guide for Pastors, 2014 Edition on July 2014
Since 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...

 

HTMLLender Liability in Real Estate Closings; Know Your Closer Well
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
July 28, 2014, previously published on July 22, 2014
The 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...

 

HTMLABC 123: AAI, ESAs and VRAP - When to utilize DEP’s Voluntary Response Action Program
Mary Costigan, Katherine A. Joyce; Bernstein Shur;
Legal Alert/Article
July 28, 2014, previously published on July 15, 2014
Last 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.

 

HTMLNew Rules For Casual Residential Real Estate Investors
Brian R. Pitney; Sands Anderson PC;
Legal Alert/Article
July 25, 2014, previously published on July 10, 2014
During 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...

 

HTMLThe Economic Loss Doctrine Scaled Back in Massachusetts
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
In 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...

 


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