Searching Content indexed under Contracts and Commercial Law by Smith Gambrell & Russell LLP ordered by Published Date Descending.
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FYI – לידיעתך
With August now concluded, and with it the unofficial end to the summer vacation season, we thought it would be useful to review two areas of law that we frequently see being relevant to our Israeli
United States
4 Sep 2019
The [Rhas] Have It
Heung C. Rha and Suhn O. Rha agreed to purchase the property located at 16-17 Bell Blvd., Bayside, New York from Alessio Blangiardo pursuant to a contract signed on October 23, 2014.
United States
23 Aug 2019
New York Court Of Appeals Update (July 2019)
As the 2018/2019 Term approached the "homestretch", the Court of Appeals published a "blockbuster" 4-to-3 decision holding that a commercial tenant-to-be, represented by counsel.
United States
19 Jul 2019
Letter Agreements: Risks, Purpose, And What To Include
In the fast-paced construction market, contractors on smaller projects, and even some contractors on bigger projects, might be asked to begin work before entering into a formal written contract.
United States
10 Jul 2019
Arugula, Radicchio & Romaine/Attorneys At Law Lettuce Get Your Deposit Back
Litigation abounds over the right to keep/return the deposit when a real estate transaction fails.
United States
6 Dec 2018
Fall 2018 Yellowstone Update
In a Yellowstone proceeding, a commercial tenant applies to Supreme Court for an Order tolling the time to cure an alleged default asserted ...
United States
7 Nov 2018
Hidden Issues In Commercial Property Acquisitions
There are various issues that may arise in connection with commercial property acquisitions that are not typically addressed in the standard form of Contract of Sale.
United States
19 Oct 2018
Specifying That a Contract Is Governed By New York Law May Not Necessarily Be All You Think It Is
In the past, our FYI / לידיעתך articles focused on a single topic.
United States
25 Sep 2018
New York's Court Of Appeals Reminds You To Know Your Limitations
Recently, New York's highest court, the Court of Appeals, held that New York State's "borrowing statute" for statute of limitations applies for non-resident plaintiffs even when the contracting parties...
United States
10 Jul 2018
Casual Use Of "Efforts" Language In Contracts Increases Litigation Risk (Take The Time To Negotiate What Is Expected)
When parties negotiate ongoing obligations in a contract, the parties typically make reference to a particular standard of effort.
United States
9 Apr 2018
Attempt To Add An Arbitration Clause To A Customer Agreement During Litigation Is Ineffective
The Eleventh Circuit considered whether a bank could invoke an arbitration clause to block litigation when the bank had added the arbitration clause to its customer agreement by amendment while the litigation was in progress.
United States
23 Feb 2018
Responding To False, Inaccurate, And Misleading Statements In Business Letters
Technically the failure to timely respond is not an admission against interest because the rule creates a presumption of fact that can be rebutted.
United States
6 Jul 2017
An Owner's Guide To Related Claims
Whether an owner recovers, absorbs, or becomes liable to the contractor for costs associated with time impacts largely depends upon the specific events causing the time impact...
United States
25 Apr 2017
Is It Time For A Tune-Up?
How often do we review the leases, sale agreements and other documents we work with to make sure they've been tuned up to the latest changes in the industry?
United States
20 Apr 2017
Constructive Change: A Claim By Any Other Name
What should a contractor do when it and the owner's representative dispute whether certain work requested by the owner is required by the drawings and specifications and the contract states that...
United States
3 Mar 2017
Understanding Your Surety's Indemnity Agreement
Contractors on public and private projects are often required to obtain surety bonds to secure their bidding, payment, and performance obligations under a construction contract.
United States
2 Dec 2016
How Good (Guy) Is That Guaranty?
A "good guy guaranty" is generally understood to be a limited personal guaranty for a lease obligation – an obligation that applies only to the time the entity tenant remains in occupancy...
United States
11 Oct 2016
Why You Need To Know If Your Construction Contracts Are "Under Seal"
When a client wants to pursue a lawsuit or arbitration, one of the first things an attorney should do is determine whether the statute of limitations has run on the client's claim.
United States
23 Sep 2016
Understanding Your Surety's Indemnity Agreement
Contractors on public and private projects are often required to obtain surety bonds to secure their bidding, payment, and performance obligations under a construction contract.
United States
8 Aug 2016
To Specifically Perform Or Not Perform: That Is The Question
Specific performance is a remedy in which a Court requires a party to perform a particular act, more often than not what is set in a contract.
United States
9 May 2016
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