eFront Insight Real Estate for General Partners

Watch the replay of our Q3 Housing Forecast webinar to get the current national housing market forecast from Zonda’s chief economist, Ali Wolf. You’ll also hear regional forecasts for Denver, Phoenix, and Salt Lake City, from our advisors John Covert and Evan Forrest. Take a closer look at market opportunities and challenges to discover the relationship between sales and starts, how buyers are viewing the market, and how our forecasts have shifted in response to new information.

Lease defaults are at a record high and vacancies are mounting, providing significant leverage to tenants in lease negotiations. Tenants seeking to benefit from current market conditions are pressing for restructured lease terms, including reduced rent and other midterm concessions. Moreover, tenants concerned about their landlords financial stability are insisting upon subordination, non-disturbance and attornment agreements to protect themselves. At the same time, tenants with failing businesses are pursuing lease workouts to avoid eviction.

Medical office leases differ from standard commercial leases in several respects. There may be development and title issues unique to a medical office building (MOB) because it may be located within a hospital campus and may be subject to medical use restrictions and easements which impact its operation. The hospital owner often desires to retain fee ownership of an entire medical campus, so the MOB might also be subject to a ground lease. Counsel for the landlord or the tenant will want to see these matters addressed in the agreement. There are also federal regulations to consider in drafting medical office leases. Medical office leases may be subject to the Stark Law or the Anti-Kickback Statute, which applies to referrals for services payable under federal healthcare programs. Leases require specified criteria to comply with federal Stark and Anti-Kickback regulations and qualify for an exception and/or safe harbor. MOB leases should also address the obligations of the landlord and the tenant about HIPAA, ADA, and environmental compliance. Listen as our authoritative panel discusses the development and regulatory issues associated with medical office leases. The panel will review the operational constraints often presented by restrictive covenants, easements, and ground leases impacting MOBs, the best leasing practices for achieving compliance with the Stark Law and the Anti-Kickback Statute, and compliance with HIPAA, ADA, and environmental regulations particular to medical offices.

Time is one of the critical components to completing a successful construction project. Critical Path Method (CPM) scheduling has long been a key process in managing time on a project. A byproduct of the CPM scheduling process is float, an often debated topic, particularly who has the right to use or control the float - who owns the float. The focus of this material will be on float ownership. A brief overview of CPM scheduling will be provided, including a more detailed explanation of what float is and how it is calculated. Various possibilities for the ownership of float will be presented and discussed. Actual contract provisions relating to float ownership will be presented and reviewed. The opinions of the courts from several cases involving the question of float will be provided and discussed. In conclusion, you will have a better understanding of what float is and its place in CPM scheduling.