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  • Article

    Arbitration Venue: Where The Parties Agreed, Despite State Law

    The contract calls for arbitration in Indiana, applying the laws of Nebraska.
    United StatesReal Estate and Construction
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Avoiding The Tennessee Retainage Requirements

    In Vic Davis Construction, Inc. v. Lauren Engineers & Constructors, Inc., the Tennessee Court of Appeals approved a contractor's use of closeout costs to "holdback" 5% of the contract price without complying with the...
    United StatesReal Estate and Construction
    Dickinson Wright PLLC
    Dickinson Wright PLLC
Article

Change In Retention Cap For Private Projects In California

Starting on January 1, 2026, California will enforce a new law that limits retention in private construction contracts to 5%, aligning private projects (where retention is typically 10%) with public works...
United StatesReal Estate and Construction
Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP
  • Article

    Clark Hill 2026 Commercial Real Estate Market Update: ESG & Sustainability Considerations For Commercial Real Estate In 2026

    As commercial real estate faces an 88% surge in insurance premiums and mounting climate risks, ESG and sustainability considerations have evolved from optional initiatives to critical determinants of asset value and institutional lending requirements. With California's SB 253 and similar regulations demanding auditable emissions data alongside stricter building performance standards like NYC's Local Law 97, the industry confronts a complex patchwork of compliance requirements that will reshape investment st
    United StatesReal Estate and Construction
    Clark Hill Plc
    Clark Hill Plc
  • Article

    Commercial Landlord Citing Lease Terms To Prevent Stores From Closing On Thanksgiving Day

    It's rare that an ordinary commercial lease term can make national news, at least indirectly.
    United StatesReal Estate and Construction
    Womble Bond Dickinson
    Womble Bond Dickinson
  • Article

    Commercial Leases In The U.S.: Key Considerations For Japanese-Owned Companies

    Japanese-owned companies operating in the United States are increasingly revisiting their commercial lease terms as market conditions evolve in 2025. Provisions such as operating expense pass-throughs, rent escalation clauses, and capital expenditure treatment require careful scrutiny, as they often differ significantly from Japanese leasing practices. Understanding flexibility provisions, compliance responsibilities, and risk allocation mechanisms has become essential for effective corporate governance and
    United StatesReal Estate and Construction
    Masuda, Funai, Eifert & Mitchell, Ltd.
    Masuda, Funai, Eifert & Mitchell, Ltd.
  • Article

    District Court Refuses To Bind Surety To Subcontract Arbitration Clause

    An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party.
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    Lien Waivers And Their Effect On Receiving Payment

    In a recent appellate division decision, the appellate court discussed the effect lien waivers might have on a subcontractor's right to receive payment in full for the ...
    United StatesReal Estate and Construction
    Stark & Stark
    Stark & Stark
  • Article

    Proving Construction Damages: More Than A Feeling

    Contract damages in construction require more than just a feeling of being wronged—they demand objective proof that losses flowed from the breach and can be quantified with reasonable certainty. Two primary methods, the measured mile and total cost approach, offer different pathways to recovery, but success hinges on building a contemporaneous record from day one that clearly links specific impacts to specific costs.
    United StatesReal Estate and Construction
    Jones Walker LLP
    Jones Walker LLP
  • Article

    Right-Sizing The Suburban Footprint: Retail Reconceptualized

    The post-pandemic retail landscape has reshaped commercial real estate across the country. Some major consumer brands are abandoning the race for urban flagship square footage in favor of smaller, strategically placed...
    United StatesReal Estate and Construction
    Greenberg Traurig
    Greenberg Traurig
  • Article

    Sussex County Superior Court Addresses Subcontractor Claims

    Construction projects often involve a web of contracts between project owners, prime contractors, subcontractors and sub-subcontractors.
    United StatesReal Estate and Construction
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Texas Law: Repair And Remodeling Contracts After A Natural Disaster

    Given the recent tropical systems that have hit Texas including Laura and Beta (who still has not departed), there will undoubtedly be a need for disaster remediation
    United StatesReal Estate and Construction
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    The Importance Of Written Agreements: Insights From A Recent Court Decision

    In a recent decision, Hopwood v. Infinity Contracting Services Corp., a New York appellate court addressed the application of the statute of frauds in a dispute concerning compensation for negotiating business opportunities.
    United StatesReal Estate and Construction
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Thinking Of “Condominiumizing” In Washington State?

    As professional developers and ambitious property owners seek ways to profit from real estate, they will often look at options to convert lots with a single home into real estate that allows for the sale of multiple homes or multi-family developments. In other words, they try to create “more bang for their buck”, so to speak.
    United StatesReal Estate and Construction
    Beresford Booth
    Beresford Booth
  • Article

    What Does The Easement Say?

    Some of the biggest real estate disputes I’ve handled have started with a document that may be only a few paragraphs long: an easement. Easements are everywhere. Utilities use them for pipelines and transmission lines. Developers rely on them for access and infrastructure.
    United StatesReal Estate and Construction
    Nossaman LLP
    Nossaman LLP
  • Article

    IRS Determines Treatment Of Advance Payments Before And After Stock Acquisition

    The IRS determined what a taxpayer must do if it has deferred recognizing revenue into income under Rev. Proc. 2004-34 and its stock is subsequently acquired by an unrelated corporation...
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    South Carolina's Alphabet Soup: ATIs And FILOTs After South Carolina's Tax Code Amendments

    An ATI allows County tax assessors to reassess the value of the sold property for tax purposes in the year after closing, which can result in a significant tax increase...
    United StatesTax
    Womble Bond Dickinson
    Womble Bond Dickinson
  • Article

    U.S. Treasury To Increase Scrutiny Of Tax-Exempt Organizations Through Form 990 Transparency Initiative

    The U.S. Department of the Treasury recently announced a new compliance initiative aimed at increasing transparency among tax-exempt organizations.
    United StatesTax
    Liskow
    Liskow
  • Article

    GENIUS Act: Payment Stablecoins Coming To A Retailer Near You (Maybe)

    The Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act) (S. 1582) establishes the first U.S.
    United StatesTechnology
    Loeb & Loeb LLP
    Loeb & Loeb LLP
  • Article

    Best Practices For Designing, Negotiating And Drafting Supply Chain Agreements

    The terms and conditions of key supply agreements can be a significant determining factor in the profitability of both suppliers and procuring companies.
    United StatesTransport
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Showing 681–700 of 6696 results

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