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Legal insights

Why Capital Partners Need SPE Covenants in the Operating Agreement

November 28, 2025 | Author:  David J. Murphy Special purpose entity covenants occupy an awkward place in real estate joint venture documentation. The covenants…
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Federal Legislation Incentives for CRE in 2025

August 25, 2025 | Author:  David J. Murphy Several sweeping changes have arrived for commercial real estate (CRE) investors, developers, and property owners following…
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Addressing Tenant Alterations in Commercial Lease Negotiations: A Landlord’s Perspective on Silent Lease Issues

August 24, 2025 | Author:  David J. Murphy Alterations are among the most important aspects of commercial lease negotiations. While tenants may seek flexibility…
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Key Contract Considerations in AIA A101-2017: An Owners Perspective

August 23, 2025 | Author:  David J. Murphy The AIA A101-2017 Standard Form of Agreement Between Owner and Contractor represents the most widely adopted…
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Loan Balancing Provisions in Construction Lending

August 22, 2025 | Author:  David J. Murphy The loan balancing provision represents one of the most significant and heavily negotiated terms in construction…
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Inadvertent Waiver of Implied Deed Covenants in Purchase Agreements

August 21, 2025 | Author:  David J. Murphy Commercial real estate purchase agreements routinely contain release provisions that may inadvertently eliminate valuable implied warranties…
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