Law

COVID-19 Health Crisis Increases Importance of Boilerplate Lease Provisions

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By ANDREW J. WILLIAMS While the COVID-19 pandemic has obviously resulted in far-reaching and fundamental impacts to the commercial real estate market, one phenomenon I have noticed in my leasing practice is the increased interest and focus my clients have on lease provisions that they previously thought of as “boilerplate.” This is understandable, since the pressures

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Financing Issues Surrounding Modular Construction

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By ELIZABETH A. BARRETT Modular construction is on the rise in the commercial construction industry, including the new AC Marriott NoMad New York Hotel in New York City, the world’s tallest modular hotel originally scheduled to be stacked late fall 2020. Modular construction is touted as being faster, better and cheaper than traditional construction; however,

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The Basics of Eminent Domain for Property and Business Owners

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By RYANN C. CARMODY The concepts involved in eminent domain law are complex and confusing. To shed some light, below are answers to some frequently asked questions many people have about eminent domain and the condemnation process. What is eminent domain/condemnation? Eminent domain or condemnation is the power to take property for public use and

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The Pandemic-Proof Construction Contract: What is a Force Majeure Provision?

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By MEGHAN M. LAMPING It’s safe to say that 2020 isn’t going how anyone had planned. When it comes to contracts, this can be a very big problem – depending upon the wording in your contract. Whether you are looking to enforce a contract, renegotiate a contract or escape a contract as a result of

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The Pandemic-Proof Construction Contract: What is a Force Majeure Provision?

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By MEGHAN M. LAMPING It’s safe to say that 2020 isn’t going how anyone had planned. When it comes to contracts, this can be a very big problem – depending upon the wording in your contract. Whether you are looking to enforce a contract, renegotiate a contract or escape a contract as a result of

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Fifty Years of Construction Delay Claims: Few Cases Are Without Them

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By JAMES R. KELLER St. Louis CNR celebrated 50 years in 2019. By coincidence, I wrote an article for The St. Louis Bar Journal in its summer 2019 edition entitled “Missouri Construction Delay Law: A 50-Year Review.” The article was penned for lawyers, containing about 50 Missouri appellate reported cases over the past 50 years.

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Architect’s Mechanic’s Lien Filed Too Late: Timing Is Everything, Appellate Court Says

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By JAMES R. KELLER Missouri’s Eastern District Court of Appeals recently decided that an architectural firm filed its mechanic’s lien too late. Consequently, the lien was not enforceable. The case is Bates & Associates, Inc. v. Providence Bank & Vision Ventures, LLC, 2019 WL 4419698, September 17, 2019. Architects rarely file mechanic’s liens in Missouri.

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Subcontractor Ordered to Repay Contractor for Faulty Construction Plus Lost Profits

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By JAMES R. KELLER Missouri’s Southern District Court of Appeals affirmed on July 30 the decision of the trial court ordering a subcontractor to repay in full its contractor for faulty construction. The subcontractor also has to pay the contractor’s lost profits of 15 percent even though the owner had removed the work and never

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City Immune from Construction Lawsuit after Pedestrian’s Fall off Retaining Wall

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Missouri’s Western District Court of Appeals recently dismissed a pedestrian’s lawsuit against the City of Lee’s Summit, MO for serious injuries after his fall in 2017 from an unguarded retaining wall. The court held the city was immune from the lawsuit, even if its actions or inactions were negligent. The case is State ex rel.

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Court Rules for and against Contractor and Subcontractor

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BY JAMES R. KELLER Missouri’s Eastern District Court of Appeals decided for and against a contractor and its subcontractor. The opinion offers significant legal rulings on everyday construction issues including change orders for extra work, lien waivers and attorney fees. The case is Parkway Construction Services, Inc. v. Blackline LLC, 2019 WL 1344401 (March 26,

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