Float Ownership Issues in Construction Project Management

When purchasing a hotel, counsel must advise clients that the due diligence must include analysis of the physical assets associated with the property (i.e., the hotel structures, parking, systems, equipment, and inventories), as well as the operating business conducted at the hotel facility and the relevant markets and environment. When developing a proposed acquisition price, the buyer must make assumptions about future market conditions and the hotel's performance within that market. A discounted cash flow on stabilized operating projections will reflect these assumptions. Thus, a preliminary business plan must reflect assumptions as to physical facilities and condition, management, affiliation, and other factors to assess the potential acquisition realistically. In today's market, the time allotted for due diligence, deposits going non-refundable, and closing has been significantly compressed. All sophisticated buyers know they must act quickly. Counsel should assist in coordinating the due diligence team and start the process as soon as possible. Counsel should also coordinate with clients to prioritize and push critical areas of due diligence to identify and evaluate potential deal-breakers early. Many buyers do not focus enough on seller representations and warranties--even with significant disclaimers in the purchase agreement. Diligent preparation can flush out critical physical and operational hotel issues that only a seller or its management company would understand. Even if the seller is unwilling to make a specific representation and warranty on a particular condition, focusing on the issue upfront will help frame the buyer's post-signing due diligence. Likewise, indemnification clauses are not a haven for buyers. The language is typically inadequate to protect a buyer from additional costs avoidable with proper due diligence. Indemnification generally applies only for breaches of representations and warranties, and if the seller limits or qualifies its representations and warranties, the indemnification provision may not be triggered. Listen as our authoritative panel discusses the legal concerns in hotel acquisition and due diligence, conducting a proper investigation, and evaluating the data to provide the buyer with more alternatives, lower costs, and negotiating power to deal with the issues.

Using advanced geospatial analytics is allowing Retail and Real Estate firms to quantify the true economic value of each of their stores, uncovering surprising insights across their channels. With more than 7,000 Retail stores going dark in the US alone and consumers migrating rapidly to ecommerce, it’s becoming harder to justify keeping brick-and-mortar stores open.

Utilities are faced with options and choices regarding the manner which they will deliver their product to their customers. They may use the public rights-of-way or may choose to use private easements to lay their lines. This topic helps the person in charge with making the land usage decisions, as well as the city official assisting that person. The topic will discuss the various manners for acquiring the right to lay lines, and the strengths and weaknesses of those manners, and some specific topics that apply to various purposes of land uses.

Comprehensive plans along with zoning and development regulations form the bases for land use decisions. Before there can be thoughtful land use decisions there has to be a plan. The implementation of the plan has a direct bearing on the development regulations and the land use decisions in a community. This information will cover the different levels of comprehensive planning, the topics covered in comprehensive plans and most important their implementation and impact on land use decisions. Gain an appreciation for the importance of comprehensive plans as both guides and directives to land use, the relationships among master plans, zoning and development, and why a successful land use practice needs to begin with an understanding of the relevant comprehensive plan or plans.