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Contract Disputes Contract Terms Commercial Leases

Winstead PC

Structuring Co-Tenancy Clauses: A Collaborative Approach to Risk and Remedy

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In the ever-morphing world of Retail Leasing, co-tenancy clauses often become the focus of negotiation—and a frequent flashpoint of disputes. Designed to protect tenants from being left vulnerable when shopping centers lose...more

Tucker Arensberg, P.C.

Structuring Right of First Refusal Clauses: Dos and Don’ts to Avoid Legal Landmines

Tucker Arensberg, P.C. on

A Right of First Refusal (ROFR) Clause is an optional clause that may be included in certain commercial leases which grants a tenant the first right to buy the property should the owner decide to sell....more

Arnall Golden Gregory LLP

Three Easy Tips for Lease Negotiations

In negotiating leases, there are many potential pitfalls. Below, we highlight three common issues, as well as smart strategies that will lead to better outcomes at the negotiation table. A failure to distinguish important...more

Houston Harbaugh, P.C.

Sixth Circuit Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

Houston Harbaugh, P.C. on

Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

Perkins Coie

California Supreme Court Upholds Reduced Rent Remedies in Cotenancy Clauses

Perkins Coie on

Key Takeaways - - In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, the Supreme Court of California upheld the validity of a cotenancy provision in a retail lease, affirming that in certain instances where clauses are drafted...more

McGinnis Lochridge

Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County

McGinnis Lochridge on

In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more

Holland & Knight LLP

Tenant Estoppels, Part 1 of 2: Practical Reminders on What Tenants Should Avoid

Holland & Knight LLP on

Although tenant estoppels can seem to be mostly nuisance documents, they can pose traps for the unwary, particularly if you are leasing space that is important to your company's operations or you have loan covenants regarding...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more

DarrowEverett LLP

Commercial Tenant Improvements: Key Considerations for Lease Negotiations

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A significant inducement in many new leases and lease renewals is landlord funding and/or constructing improvements that customize the leased premises to the needs of the tenant’s business. The allocation of cost for these...more

Blake, Cassels & Graydon LLP

Une mine de bitcoins exploitée sur une concession de pétrole et de gaz fait l’objet d’une injonction permanente

Dans Roy Flowers v. Persist Oil and Gas Inc., la Cour du Banc du Roi de l’Alberta (la « Cour ») a prononcé une injonction permanente interdisant à la défenderesse d’exploiter une entreprise de minage de bitcoins parce que le...more

Stikeman Elliott LLP

The Quebec Court of Appeal Clarifies the Rules of Engagement When Negotiating Renewal Terms for a Commercial Lease – The Freedom...

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In 2177 23rd Avenue Holdings v. Pival International inc. (2025 QCCA 19) dated January 9, 2025, the Quebec Court of Appeal rendered an enlightening decision on the obligation of a landlord to negotiate the terms and conditions...more

Patton Sullivan Brodehl LLP

Commercial Lease Co-Tenancy Clauses: California Supreme Court Weighs In

The California Supreme Court weighed in on the validity of commercial lease co-tenancy provisions with its recent opinion in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC. A commercial lease co-tenancy clause conditions a...more

BCLP

High Court considers repudiatory breach and wrongful termination in an aircraft lease contract dispute

BCLP on

The High Court recently considered the termination of an aircraft lease to purchase contract between OCA and Novans (an aircraft broking and consultancy company). In finding for the Claimant, the judgment considers the thorny...more

Patton Sullivan Brodehl LLP

Attorney Fee Recovery by Third Parties Dragged into Commercial Lease Disputes

Commercial leases often contain attorney fee provisions allowing a party who prevails in litigation to recover attorney fees from the losing party. Can those attorney fee provisions apply to third parties — outsiders to...more

Holland & Knight LLP

Precise Drafting of a Lease is Crucial and Can be the Deciding Factor in Litigation

Holland & Knight LLP on

No party enters into a lease hoping one day to end up in litigation. The parties desire a smooth, amicable landlord-tenant relationship. However, the potential for disagreements, and ultimately litigation, over a lease is...more

Troutman Pepper Locke

Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Troutman Pepper Locke on

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - July 2020, Volume I, Issue I

Goulston & Storrs PC on

Trends in Real Estate Litigation - Commercial Landlords and Tenants Take Their COVID-Related Lease Disputes to Court - The slow-burning standoffs between commercial landlords and tenants in the COVID-19 pandemic are...more

Blake, Cassels & Graydon LLP

Blakes Continuity Podcast: Litigation Fever – Part I: What Lies Ahead?

The coronavirus pandemic is pushing the litigation envelope to new and often unexpected heights. From force majeure and landlord-tenant agreements to mounting class-action lawsuits, our lawyers Matthew Liben and Robin...more

Troutman Pepper Locke

New York Court Of Appeals Holds That Direct Consent By Landlord Is Not Necessary For Contractor To Enforce A Lien Against The...

Troutman Pepper Locke on

Ferrara v. Peaches Café LLC, 2018 NY Lexis 3244 (November 20, 2018) - COR Ridge Road Company, LLC (“COR”), as landlord, entered into a 10 year lease with Peaches Café, LLC (“Peaches”). ...more

Cole Schotz

New Jersey Commercial Landlord Finds Loophole in Lease to Avoid Tenant Exclusivity Restrictions

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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...more

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