Delivering Dispute Free Projects - Construction and Claims Management

A new year opens up new opportunities. At the end of last year, the real estate industry saw a downturn, illustrating the importance of planning and knowing your position. Have you invested the time to set your goals for 2023? Do you have a clear understanding of what direction you want to take?

Watch this webinar — part of the Global PropTech #15 online event on the impact of ESG — if you want to gain a better understanding of how smart technology can reduce the carbon footprint of buildings.

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.

While federal law largely shields lenders from environmental liabilities and cleanup costs on indebted properties, lender missteps and poor loan documentation can result in a loss of that protection and put lenders on the hook for environmental remediation. Environmental hazards can also negatively impact a borrower's ability to repay the loan and decrease the collateral value, which is why it is essential to uncover the hazards before the closing of the loan and formulate a plan, whether a Phase I environmental site assessment or some lesser action. A critical protection for the lender is an indemnification agreement with the borrower as part of the loan documentation. Other key loan agreement provisions include reps and warranties, covenants, notice provisions, and inspection rights. Another option for the lender is to require the borrower to obtain insurance, usually in a pollution policy. Lender environmental due diligence at the time of a loan default or workout is also critical as environmental hazards must be considered when assessing the collateral value and a workout plan. Of course, if foreclosure appears imminent, the lender liability must be carefully evaluated as the lender prepares to take possession of the property. Listen as our authoritative panel of experienced attorneys analyzes lender liability for environmental cleanup and remediation liabilities. The panel will discuss theories of liability and best practices for lenders to minimize direct liability and diminution of the collateral value. The panel will address risk mitigation in loan origination and during the life of the loan, including workouts and foreclosures.