Commercial Tenant Bankruptcy: Strategies for Landlords

Standard design and construction contracts set the playbook for project success or failure. Case law, technology, and insurance have changed dramatically over the past 10 years. ConsensusDocs, a coalition of 40 leading construction organizations that include leading organizations like AGC, ABC, and COAA, published comprehensive updates to its most used prime and subcontract agreement. Changes to ConsensusDocs address payment, insurance (builder's risk policy), terminations, indemnification, mediation, and arbitration, attorney's fees, and much more. You will learn from the lead staff person, the highlights of the most significant changes and strategize how you can leverage in contract negotiations in using the new editions of ConsensusDocs standard documents for design-bid-build, design-build and CM At-Risk.

Real estate equity investments and joint ventures have become an increasingly important part of the real estate investment arena, particularly hotel properties. Travel restrictions and health concerns had an extreme impact on hotel properties and operations, and occupancy remains low due to reduced travel. The joint venture model for hotel acquisitions offers many benefits, including increased access to capital. The joint venture agreement and other related documents are very complex and fiercely negotiated. Real estate and finance counsel must understand all the pertinent issues to successfully evaluate and mitigate risk and address economic issues when negotiating and structuring a joint venture agreement for hotel transactions. Listen as our authoritative panel of real estate practitioners and advisers reviews vital legal issues in joint ventures for hotel acquisitions and development, taking into account unique issues in this asset class. The panel will focus on preferred return/promoted interest, carried interest, cash flow splits, risk allocations, guarantees, unwind provisions, and other major decisions.

LendingOne is pleased to be hosting a series of real estate investor webinars designed to help real estate investors grow their business portfolios. We will be providing tips, strategies, and information on the housing market so you can expand your investing knowledge and ultimately grow your businesses. These free online seminars will feature subject matter experts from across the industry as presenters who will share their real estate backgrounds and housing market specializations to offer insight and advice for all investors.

Mortgage modifications allow borrowers and lenders to extend loan maturity, prevent defaults and foreclosure, and otherwise restructure loan terms. They provide an opportunity for lenders to "clean up" documentation ambiguities and potentially contentious issues, as well as obtain waivers and releases as part of the consideration for granting the term changes. Modifications that significantly revise the loan terms increase the risk that subordinate lenders and bankruptcy trustees may challenge the priority of liens encumbering the mortgaged property. This is particularly true when a modification relates to an incomplete construction project that is being restarted. Title insurance policies have discontinued creditors' rights coverage and do not protect against a loss of lien position. They have also significantly reduced or altered the scope of mechanics' lien coverage. Counsel involved with loan modifications must know how to obtain the optimal title insurance coverage. Listen as our authoritative panel of attorneys discusses current trends in commercial mortgage modifications and strategies for lenders' and borrowers' counsel to ensure that changes protect their clients' interests against potential lien issues, title pitfalls, and bankruptcy concerns.