Commercial landlords look to Mirick O’Connell for practical advice on managing their properties and their tenant relationships. We counsel and represent commercial landlords in general corporate matters, property acquisition and financing, lease negotiation and drafting, and litigation matters related to commercial leases and subleases for office, retail, biomedical and R&D space. The Firm also represents commercial landlords, including retail mall owners and managers, in bankruptcy cases throughout the United States.
- Represented numerous commercial landlords in national retail bankruptcy proceedings, including Linens ‘N Things, Tweeter, Bombay Company, and Ritz Camera, Hollywood Video, Buffet Holdings and Alpha Omega Jewelers.
- Negotiated agreements with debtors and liquidating agents in connection with going-out-of-business sales in significant retail bankruptcies including Linens 'N Things, Whitehall Jewelers, Ritz Camera, Sharper Image and KB Toys.
- Successfully opposed an attempt to assign leases to undesirable tenant in the Ground Round bankruptcy proceeding.
(Reluctantly) Open for Business: Momentum Gathering for Expanded Use of Continuous Operations Clauses
Two recent court decisions may embolden commercial landlords to use a familiar lease provision in an unusual way when responding to tenants seeking to close their business operations before the end of the lease term. Continuous operations clauses are common …[ load webpage to read more ]
Construction Defect Claims and the Often Misunderstood Application of Express and Implied Warranties
A claim for breach of construction warranty must be filed within the time allowed by the applicable statutes of limitation or repose. Most jurisdictions, including Massachusetts, allow parties to modify that period by agreement. The agreement must be particular and …[ load webpage to read more ]
Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana
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New 2017 AIA Documents Released – Are You Prepared?
The construction contracts created by American Institute of Architects (“AIA”) have, for several decades, been established as the industry standard for contract forms. There exist AIA forms for every imaginable project relationship and delivery method. Every ten years or so, …[ load webpage to read more ]
Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court
A recent decision from the Massachusetts Appeals Court is likely to have a substantial impact on construction contract and claims practice in the Commonwealth. The Massachusetts State College Building Authority (“MSCBA”) hired Suffolk Construction Company, Inc. (“Suffolk”) to serve as …[ load webpage to read more ]
A Modern Take on the Antiquities Act of 1906
During the waning days of his administration, President Obama used the Antiquities Act of 1906 (16 USC 431-433) (“Act”) to create expansive national monuments on land and at sea. According to the National Park Service, he established 34 national monuments …[ load webpage to read more ]
What Does It Mean To Purchase An Additional Insured Endorsement?
In the construction industry, it is standard for ‘upstream’ parties to require ‘downstream’ parties to purchase and maintain general liability insurance coverage, at varying limits, and to obtain an endorsement adding all or most ‘upstream’ parties as ‘additional insureds’ under …[ load webpage to read more ]
Update on St. John’s Holdings, LLC. v. Two Electronics, LLC
On October 24th, 2016, the Massachusetts Land Court revised its ruling in St. John’s Holdings, LLC. v. Two Electronics, LLC (2016 WL 1460477 (2016). The underlying case (the subject of a prior blog article) involved electronic communication and the Statute …[ load webpage to read more ]
Deadline for Owners of Single Wall Steel Tanks Looming
by Joseph S. Campisi, President, Corporate Environmental Advisors, Inc. The Massachusetts Department of Environmental Protection (“MassDEP”) promulgated underground storage tank (UST) regulations on January 2, 2015 that replaced the Massachusetts Department of Fire Service (“DFS”) regulations at 527 CMR 9.00. …[ load webpage to read more ]
A Turn of Events for Worcester’s Former County Courthouse
The former Worcester County Courthouse at 2 Main Street was supposed to be converted into residential housing units and retail space after the City reached an agreement in March 2015 to sell it to Brady Sullivan Properties, LLC, a New …[ load webpage to read more ]
Trump’s Pruitt Pick for EPA Signals Greater Predictability in Environmental Rulemaking, Enforcement
President-elect Donald Trump’s team announced yesterday his selection of Oklahoma Attorney General Scott Pruitt to head the U.S. Environmental Protection Agency. The Pruitt pick is nearly as polarizing as the election itself. Pruitt describes himself as a “leading advocate against …[ load webpage to read more ]
What Massachusetts Employers Should Know About Recreational Marijuana
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