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Lease Incentives: When is a Claw Back Considered Unenforceable?

In the context of commercial leasing, consideration should be given to what would constitute a penalty versus a genuine pre-estimate of damage for the purposes of enabling a landlord to lawfully claw back a proportion of ...

Performance Bonds in Construction - The Ascertainment Conundrum

Bonds creating security for contractor performance are typically seen forming part of the contractual framework underpinning a construction project. A performance bond is one such type of bond, essentially amounting to ...

UPDATE: Impact of Recent Bank Failures on Borrowers, Landlords, and Other Stakeholders

Author: Kyle Recker Additional developments relating to the Silicon Valley Bank and Signature Bank failures have occurred, and the situation continues to evolve. Upon the closure of Silicon Valley Bank the FDIC initial ...

Payment Schedules: Beware the Own Goal!

Authors: Karyn Reardon, Elijah Png Late or inadequate payment schedules attract harsh consequences.In a busy project office with competing time demands, it’s remarkably easy to suffer those consequences. It’s als ...

Construction Risks: Managing Your Exposure

Author: Karyn Reardon Construction is a risky industry. Few construction projects escape time and cost over runs. Maintaining a safe work site requires constant vigilance and design errors can have disastrous consequen ...

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