News & Publications

A Brief Guide To Ground Lease Terminations: Considerations For Lessors And Lessees When A Leasehold Expires

In a typical ground lease transaction, a lessor leases property to a lessee for several decades. At the outset of the lease, there are many factors that both the lessor and lessee consider as they negotiate the lease terms and conditions, perform due diligence, and otherwise prepare to enter into a long-term real estate transaction. Although the parties, in drafting a new lease, contemplate end-of-lease matters, such as negotiating surrender clauses that address what happens [...]

You Are On Notice: Failure To Comply With Contractual Notice Provisions Can Be Fatal To Your Claim

Imagine your firm is the construction manager on a multi-million-dollar project. At the end of the project you are five million dollars out-of-pocket. You have a stack of claims for additional and extended work which led to the overrun, payment for which will easily cover the shortfall. However, the owner refuses to compensate you until you can satisfactorily answer their inquiry: "Where are the notices that are expressly required under the terms of the contract?" [...]

California Legislature Creates Pathways For Residential Development On Commercially Zoned Land

Highlights California Assembly Bill (AB) 2011 of 2022 provides a streamlined ministerial approval pathway, comparable to SB 35 of 2017, for qualifying multifamily projects on commercial zoned land that prevailing wages and meet specified affordable housing targets. The legislation provides two distinct options for eligibility: one where construction is paid for by for 100 percent Below Market Rate (BMR) projects located on commercial zoned land, and a second for mixed-income (typically 15 percent BMR) projects [...]