Construction Loan Guarantees

This article will discuss several different types of guarantees that may be required by lenders in  order to minimize payment and performance risks associated with construction loans.

Commercial mortgage loans secured by existing income producing properties are often made on a  non-recourse basis to the borrower (and its principals), other than with respect to customary  limited recourse carve-outs. These permanent or mini-permanent loans generally have the benefit of  real property collateral producing sufficient cash flow […]

By | July 21st, 2017 ||

What Does Your Defense And Indemnity Construction Contract Mean In 2017?

California’s longstanding restrictions on defense and indemnity construction contracts have undergone several changes over the years with significant differences based upon the contract execution date. More specifically, the California Legislature enacted Civil Code § 2782 in 1967, and has amended its provisions several times since 2005. Consequently, parties in a construction dispute often ask, “what version of section 2782 applies, and what does it mean to my case?” We’re here to help. This historical […]

By | July 18th, 2017 ||

SB 807 Will Allow More Texas Construction Disputes To Remain In Texas

On June 9, 2017, Texas Governor Greg Abbott signed SB 807 into law. In doing so, it will cause more litigation related to Texas construction projects to remain in Texas.

SB 807 amends Chapter 272 of the Business & Commerce Code. It provides an extremely broad definition of a construction contract including “a contract, subcontract, or agreement entered into or made by an owner, architect, engineer, contractor, construction manager, subcontractor, supplier, or material or equipment […]

By | July 10th, 2017 ||