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In the construction industry, the choice of procurement approach is a critical decision that shapes project risk allocation, financing structures, equity support requirements, and practical execution considerations. Lenders...more
In recent years, hotel sponsors and developers have increasingly turned to alternative capital sources, like preferred equity, to finance and reposition their existing assets and fund new acquisition and development...more
A number of recent English court decisions have recast the test for determining when a contractual provision may be unenforceable under English law as a “penalty clause”. The rule against penalty clauses is particularly...more