On October 21, 2015, the New Jersey Appellate Division affirmed a trial court ruling that a South Jersey landlord did not violate a coffee-related exclusivity provision in its lease with Starbucks when it subsequently rented space in the same strip
Real Estate & Construction Law
The Real Estate & Construction Law blog published by Cole Schotz P.C. covers legal issues related to real estate transactions, construction projects, and associated financing. Topics include contract negotiation and risk allocation in construction agreements, litigation risks and dispute resolution in real estate and construction contexts, regulatory compliance, and the impact of market and economic trends on real estate investments. The blog also addresses practical concerns such as filing notices affecting property interests, labor mobility effects on multifamily housing, and evolving challenges like supply chain disruptions and public health mandates affecting construction and real estate operations. It provides insights relevant to developers, lenders, property owners, and legal practitioners in these sectors.
Latest from Real Estate & Construction Law - Page 10
Carbon Monoxide Detectors Now Required in Commercial Buildings in New York
An amendment to the Executive Law of New York State modifying the Uniform Fire Prevention and Building Code became effective on June 27, 2015, which now requires owners of existing commercial buildings to install carbon monoxide alarms or detection equipment…
Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers
The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight. In a split decision rendered on March 23, 2015, the New Jersey Supreme Court affirmed the City…
The New Jersey Supreme Court has reopened the doors to Affordable Housing Litigation
The New Jersey Supreme Court has unanimously held that the administrative process run by COAH in which municipalities show compliance with affordable housing obligations is no longer working and municipalities are no longer protected from builder’s remedy lawsuits in which…
Real Property Tax Review is Especially Critical in an Upward Trending Market – The 2015 Real Property Tax Appeal Season Has Arrived!
Property owners should be receiving their annual property tax assessment notices (post cards) from the municipal assessor’s office at this time. Receipt of this assessment notice indicates that it is time to determine whether a tax appeal is warranted for…
Environmental Contamination Can Significantly Impact the Merits of a Property Tax Appeal
The New Jersey Tax Court recently ruled in Methode Electronics, Inc. v. Twp. Of Willingboro, Docket Nos. 019012-2010 and 014098-2011 (Tax January 22, 2015) that the assessment on contaminated property located in Willingboro, New Jersey must be reduced to a…
Arms’ Length Sale of Contaminated Property is Best Indicator of Value for Tax Appeal Purposes:
In the recent Orient Way Corp. v. Tp. of Lyndhurst (35-2-4760) decision, the Appellate Division upheld the Tax Court’s determination that an arms’ length sale of the subject contaminated property provided credible evidence of true market value. The import of…
The Battle Continues in Bid Protest Against Bergen County
Echoing down Main Street in Hackensack is the incessant and repetitive booming of the driving of piles into the ground on what was once the visitor parking lot next to the Courthouse and former jail. The pile driving is part…
New Jersey Offers Financing Incentives for Real Estate Investments
On September 18, 2013, Governor Christie signed the New Jersey Economic Opportunity Act (the “Act”) into law. The Act is intended to spur job creation, promote redevelopment of underutilized urban and suburban areas, and attract new businesses to New Jersey…
Economically Depressed Contaminated Properties Are Prime Candidates for Significant Real Property Tax Relief
While New Jersey is known as the Garden State, it is also regrettably fertile ground for contaminated properties as a result of its long history of industrial development. With over 20,000 contaminated sites, New Jersey is infamously ranked number one…