As a result of the “stop work order” on construction in New York State, many projects are now being suspended. In shutting down, it is crucial that the workforce and the public are protected. The Department of Buildings (DOB) offered
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.
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New York Waives Property and Casualty Insurance Premiums for Small Businesses
In keeping with New York Governor Cuomo’s Executive Order No. 202.13., the New York State Department of Financial Services (DFS) adopted an emergency regulation to provide relief for New York consumers and small businesses experiencing financial hardship due to…
NYC DOB Offers Guidance on Affordable Housing as to Essential vs Non-Essential Project
On March 30, 2020, the New York City Department of Buildings (DOB) offered guidance on what “Essential” construction means for a project with an affordable housing component under the updated Empire State Development guidelines issued on Friday, March 27, 2020…
NY Halts Non-Emergency and Non-Essential Construction Work, Expanding Guidance on “Essential” Services
On March 26, 2020, Governor Cuomo directed modifications to the guidance on his Executive Order 202.6 including changes to treatment of construction as an “essential” service. The previous guidance on “essential” businesses included “construction” broadly as an essential service, with a few examples…
COVID–19 Alert: New Jersey Alters Public Meeting Procedures During the Pandemic
While many New Jersey Municipal Buildings are currently closed to the general public due to the COVID-19 outbreak, filings of applications and permits are being accepted, although processing is dependent upon staff availability. Many municipalities are permitting employees to work remotely…
Is Your Force Majeure or Unavoidable Delay Notice Ready?
As the novel coronavirus, known as COVID-19, and the associated illness spreads around the world and the number of confirmed cases in the United States rises, disruptions to construction projects are inevitable. These disruptions may come from any number of…
Beware of Use of Estoppel as a Shield in Commercial Real Estate
The New Jersey Appellate Division case of Commerce Limited Partnership, Plaintiff-Appellant v. Edison Furniture, LLC, Defendant-Respondent, 2020 WL 820338, is a cautionary tale on the use of estoppel certificates. Although the opinion is unpublished, does not constitute precedent and…
Use Precise Draftsmanship to Avoid or Obtain a Brokerage Commission Payment (And Avoid Being Insulted by a Court)
The New Jersey Appellate Division case of Gebroe-Hammer Associates v. Deal Lake Village Gardens, LLC, et. al., 2020 WL 428795, decided on January 28, 2020 addressed the plaintiff’s claim for a real estate brokerage commission for the sale of a…
2020 Real Property Tax Review: Proactivity Pays Off Especially When the Market is Trending Up
In a market where economic indicators continue to show encouraging signs (e.g., sustained favorable employment numbers and rental rates, and continuing low levels of inflation), the prospect that property values will appreciate remains real. Because of questionable municipal assessment practices,…
Second Update: Yellowstone Injunctions Revived By The New York State Legislature
We last wrote in May 2019 (updating an earlier post written in February 2018) that the New York State Court of Appeals, the state’s highest court, issued a landmark decision affirming the Appellate Division, Second Department’s decision in 159 MP…