Prevent Your Tenant Mix from Turning Your Property into a 'REC'
September 29, 2008
An increasing number of properties have been and continue to be classified as having some kind of recognized environmental condition. The REC classification arises from the EPA crackdown over the past few decades to ensure that property owners and the parties who are responsible for causing the contamination actually share in the cost and burden of the remediation process.
Canadians Tackle Disclosure Documents and Other Franchise Mysteries
September 26, 2008
In Canada, franchise disclosure documents ('FDDs') are not reviewed by any government agency. It is up to the franchisor to prepare and deliver the document correctly, failing which the franchisee can, for a limited period of time, send in a rescission notice.
How to Avoid the Franchise Surprise
August 28, 2008
In many states, the statutory definition of "franchise" has been, and could be, construed broadly to include relationships between brand owners and their trademark licensees, even though neither party intended to create a franchise relationship. Brand owners can only avoid the franchise surprise if they know the rules of the game.
Lessee Remains Liable to Lessor Following Failed Mitigation
August 28, 2008
In <i>Giant Eagle, Inc. v. Phar-Mor, Inc.</i>, the United States Court of Appeals for the Sixth Circuit held that the lower courts erred in their determination that once a lessor mitigates its damages by entering into a substitute lease, the lessor cannot claim damages from the original lessee for the period covered by the new lease if the substitute lessee subsequently defaults. Here is a discussion of the case.
Taming the Tenant's Form of Lease
August 27, 2008
Accustomed to manning the ramparts in defense of its landlord client's form of lease, it is always a bit unsettling for a landlord's lawyer to be advised by its client that "for this national tenant, we must work from the tenant's form of lease." Suddenly, instead of engaging in the familiar determination of which of the tenant's requested lease revisions are acceptable to the landlord, the lawyer is faced with determining which essential provisions of a lease from landlord's perspective are either entirely or substantially missing from the tenant's form of lease and then negotiating to include such provisions.
New York's Labor Law
August 27, 2008
Both Labor Law '240(1) and '241(6) impose a nondelegable duty on property owners to provide specified protections to workers. This duty exists regardless of whether or not the owner controlled, directed, or supervised the work. As the courts have repeatedly observed, the imposition of this duty protects workers, by placing ultimate responsibility for their safety upon owners and contractors, instead of on the workers themselves.
<b>In the Spotlight</b>: Can Developers and Municipalities Play Well Together in the Green Sandbox?
August 27, 2008
Planning staff of municipalities often view developers with a degree of suspicion, while developers tend to see municipalities as roadblocks ' or, at the very least, speed bumps ' when it comes to building projects. Developers respond to market forces and pursue the rewards of capitalism, while municipalities are concerned about infrastructure issues and meeting the long-term needs of their citizens.
