This seminar is designed for real estate professionals, property managers, owners, commercial lending professionals, agents, landlords, developers and attorneys.
This program will address a broad range of issues relating to real estate development disputes. The focus will be on a survey of emerging issues that have recently arisen under Massachusetts law.
Topics To Be Discussed Include:
Litigating Zoning And Permitting Issues
Development Contract Issues
Handling Disputes During The Construction Phrase
Litigating Lease Issues
9:00 a.m. - 10:45 a.m.
I. Litigating Zoning And Permitting Issues
A. Challenging Standing Of Appellants
B. Effective Use Of Experts To Combat Traffic And Noise Issues
C. Stalking Horse Litigation
D. Affordable Housing, Section 40(b) Issues
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 12:30 p.m.
II. Development Contract Issues
A. Owner Controlled Insurance Programs
B. Change In The Law Of Lis Pendens
C. New Procedures For Lien Litigation
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:45 p.m.
III. Handling Disputes During The Construction Phase
A. Indemnification In Construction Contracts
B. Additional Insured Status
C. Eminent Domain Issues (Constructive Taking Of Property)
D. Nuisance And Trespass Claims (Abutting Land Owners)
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
IV. Litigating Lease Issues
A. Change In The Law Of Doctrine Of Independent Covenants
B. Premises Liability Claims And Defenses
C. Enforceability Of Arbitration Clauses In Leases
D. Restriction On Assignability