News & Analysis as of

Mechanics Lien Real Estate Development Construction Industry

Frost Brown Todd

Reverse Build-to-Suit: Sale Leaseback Transaction with a Twist

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A reverse build-to-suit is a specialized real estate mechanism where the tenant develops and builds out the leased property to support the tenant’s use. This is a “reverse” of the common build-to-suit model, where a landlord...more

Snell & Wilmer

An Introduction to the New Texas Business Courts

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It has been approximately two months since the newly established Texas business court system began accepting its first filings on September 1, 2024. This article provides a brief introductory overview of this new court system...more

Troutman Pepper Locke

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

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The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are...more

Dorsey & Whitney LLP

Arizona Supreme Court Decision Could Affect Lending Practices

Dorsey & Whitney LLP on

Construction lenders beware – a recent Arizona Supreme Court decision interpreting Exclusion 3(a) of standard-form title-insurance policies could mean lenders are not insured against a senior mechanics’ lien if the lender’s...more

Troutman Pepper

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

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BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a...more

Blank Rome LLP

Midconstruction Refinancing: A Plunge Into The Void?

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Construction loans typically do not get refinanced before a project is completed. A construction loan is short-term in nature and both the lender and its customer expect that they will stay on the project until the project is...more

Snell & Wilmer

General Contractor’s Prospective Waiver of its Lien Rights is Enforceable in California

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In an opinion published in September 2014, entitled Moorefield Construction, Inc. v. Intervest Mortgage Investment Company, et al., D065464, the California Court of Appeal held an original contractor can contractually waive...more

Snell & Wilmer

Recent Developments in Arizona Construction Law

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Notable 2014 Case Law: Bonds - In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more

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