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Gravel2Gavel Construction & Real Estate Law Blog

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IRS Extends Continuity Safe Harbor for Renewable Energy Projects

The IRS issues anticipated guidance providing relief to developers facing delays related to COVID-19. In the recent alert, “IRS Extends Continuity Safe Harbor for Renewable Energy Projects,” colleague Jorge Medina, discusses how the guidance also provides some clarity on the impact of supply chain disruptions on equipment orders placed later in…

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A Court-Side Seat: May Brings Federal Appellate Courts Rulings and Executive Orders

Here are a few interesting new rulings from the federal appellate courts. COURT ORDERS Like a Good Neighbor …? — State of Maryland v. EPA On May 19, 2020, the D.C. Circuit decided a Clean Air Act case involving the use of the “Good Neighbor Provision” of the Act, which…

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Safety Measures for Construction Projects During the COVID Outbreak

Over the past few months, construction projects in most states have carried on because construction was deemed essential and projects were exempted from government orders that closed businesses. In the jurisdictions that halted construction operations, state and local authorities are now easing those restrictions and allowing construction to resume. In…

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Distressed Real Estate During COVID-19: New York State and UCC Foreclosures

A recent court order issued as part of an ongoing litigation involving a Manhattan hotel held that a mezzanine lender may proceed with a UCC foreclosure sale of the mezzanine loan collateral despite N.Y.E.O. 202.8, which prevents creditors from initiating judicial foreclosures. In “Distressed Real Estate During COVID-19: New York…

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Join Us! In-House Roles in Uncertain Times Webinar

Please join our panel of current and former in-house counsel—with experience spanning a number of industries—as they discuss the issues and opportunities they faced in the course of their own professional journeys, and the strategies that helped them along the way. Speakers: Peg Henry, Deputy General Counsel, Stifel Financial Nicole…

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CISA Guidance 3.1: Not Much Change for Construction

This week, the Cybersecurity & Infrastructure Security Agency (CISA) issued Version 3.1 of its Guidance on the Essential Critical Infrastructure Workforce. For the most part, CISA’s Guidance 3.1 did not change from Version 3.0 as it relates to construction. However, CISA added a few construction-related services to “Essential Critical Infrastructure”:…

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California Senate Bill No. 939: Banning Commercial Evictions and Grant Lease Termination Rights During State of Emergency

On May 13, 2020, proposed California Senate Bill No. 939 was amended to not only prohibit landlords from evicting commercial tenants during the pendency of the COVID-19 state of emergency, but to extend protections to certain qualifying tenants permitting express rent reduction negotiation rights and lease termination rights. In “Proposed…

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New Procurement Integrity Act Decision Reminds Contractors of Its Scope and the Potential Remedies for a Violation

The Procurement Integrity Act (PIA) governs disclosing or obtaining procurement information, engaging in employment discussions with government officials, and the payment and receipt of compensation to a former government official. In “New Procurement Integrity Act Decision Reminds Contractors of Its Scope and the Potential Remedies for a Violation,” colleagues John…

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Environmental Roundup: March – May 2020

This is a brief account of some of the significant environment law developments that have occurred since the President’s March 13 national emergency declaration that the spread of COVID-19 poses a threat to national security. The Courts – SCOTUS The U.S. Supreme Court has issued three important decisions affecting environmental…

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New York and New Jersey Announce Phased Reopening of Businesses

On Friday, May 15, New York began reopening businesses after widespread closures in response to the coronavirus pandemic. New York Forward, the New York plan to reopen the state, divides the state into ten (10) regions. Each region may reopen in a four-phased process as it satisfies certain metrics. In…