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Construing Separate Contractual Instruments As One Image

Construing Separate Contractual Instruments As One

Thomas J. Hall & Judith A. Archer

At times, disputes arise among parties in commercial transactions as to whether multiple contracts involving a common matter should be read as a single, integrated contract, or as separate and distinct agreements. This issue often surfaces where one or more such agreements contain arbitration clauses, but other related contracts do not.

Features

U.S. Supreme Court Ruling Empowers Developers and Property Owners to Challenge Excessive or Unjustified Impact Fees Image

U.S. Supreme Court Ruling Empowers Developers and Property Owners to Challenge Excessive or Unjustified Impact Fees

Mark Grafton

The recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado will cause many local governments to revisit the defensibility of their impact fee regimes.

Features

Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes Image

Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes

Jeffrey A. Margolis

In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.

Features

Applying Merger By Deed Doctrine to Real Estate Transactions Image

Applying Merger By Deed Doctrine to Real Estate Transactions

Peter E. Fisch & Salvatore Gogliormella

Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.

Features

Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution Image

Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution

Ahmad H. Mango

Despite being more affordable than title insurance, attorney opinion letters should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.

Features

The Top Rated Bull and Bear CRE Markets Image

The Top Rated Bull and Bear CRE Markets

Erik Sherman

Trepp named its top choices for bull and bear CRE metro markets and did the same for the single most property type and metro combination, during July 2024. The firm is trying to identify what drives positive and negative investor sentiment.

Features

Warehouse Liability: Know Before You Stow! Image

Warehouse Liability: Know Before You Stow!

Michael Delaney

As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.

Features

Cap Rate Misery Impacts CRE Investors Image

Cap Rate Misery Impacts CRE Investors

Joseph J. Ori

The low cap rate regime became a game of musical lifeboats on the Titanic and the big question was, who would get stuck without a lifeboat as the mighty ship sank?

Features

Big Law In NYC Looking for Smaller, New Class A Spaces Image

Big Law In NYC Looking for Smaller, New Class A Spaces

Mimi Lamarre

Overall this year, law firms have been more likely to leave their current spaces and relocate, but they continue opting for smaller spaces.

Features

Strategies for Commercial Lease Agreements In Florida Image

Strategies for Commercial Lease Agreements In Florida

Raul Valero

This article explores several key clauses and negotiation strategies that are beneficial to the parties in general but in particular may help landlords protect their investments and optimize returns.

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MOST POPULAR STORIES

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    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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