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Author: Josh Pope

17Mar 2023

Author Josh Pope

The Importance of Recapture Provisions in Commercial Leases

  • Mar 17, 2023
  • Josh Pope
  • Real Estate Law
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In the commercial lease setting, assignment and sublease provisions are often heavily negotiated to determine the scope of, and conditions upon which, the landlord can withhold its consent to an assignment or sublease request. Frequently, little attention is paid to…

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8Oct 2018

Author Josh Pope

The Importance of Remodel Provisions in Commercial Leases

  • Oct 8, 2018
  • Josh Pope
  • Real Estate Law
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A significant term in most commercial leases is the right or obligation of landlord or tenant to remodel the leased premises during the lease term. When negotiating and drafting such a lease provision, it is important to address: (a) which…

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8Oct 2018

Author Josh Pope

Measure Twice, Cut Once. Understanding the Importance of BOMA Standards in Measuring Commercial Lease Space

  • Oct 8, 2018
  • Josh Pope
  • Real Estate Law
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In a commercial lease setting, one of the most often overlooked (but critically important) lease provision is the method of allocating and measuring the square footage of the leased premises.

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13Jun 2018

Author Josh Pope

Court Strikes Down Seattle’s First-in-Time Rental Ordinance

  • Jun 13, 2018
  • Josh Pope
  • Real Estate Law
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On March 28th, after a year-long lawsuit, the King County Superior Court struck down, as a violation of the state constitution, Seattle’s “first in time” ordinance which required residential landlords to screen rental applications in chronological order and award the…

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5Mar 2018

Author Josh Pope

Important Changes in AIA Construction Contract Forms

  • Mar 5, 2018
  • Josh Pope
  • Real Estate Law
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The American Institute of Architects (AIA) has for nearly 130 years produced standardized form contracts for the construction industry.  The AIA reviews and updates its form contracts based on industry trends and important decisions, and in 2017 revealed substantive changes…

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15Dec 2017

Author Josh Pope

City of Seattle Imposes New Short-Term Rental Limits

  • Dec 15, 2017
  • Josh Pope
  • Real Estate Law
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On December 11, 2017, the Seattle City Council voted 7-0 to enact new regulations for short-term rentals.  The new regulations will take effect on January 1, 2019, and will require all operators of short-term rentals (including those offered on sites…

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24Oct 2017

Author Josh Pope

Understanding Washington’s Voluntary Cleanup Program (VCP)

  • Oct 24, 2017
  • Josh Pope
  • Environmental Law
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Voluntary Cleanup Program In the State of Washington, the owner of contaminated property has the option to perform a cleanup independently and request technical assistance and opinions from Washington’s Department of Ecology (“Ecology”) regarding the sufficiency of the cleanup.  This…

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18Aug 2017

Author Josh Pope

Unique Challenges Faced When “Crafting” a Commercial Lease for a Brewery

  • Aug 18, 2017
  • Josh Pope
  • Real Estate Law
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As craft breweries often merge retail and industrial leasing concepts, they face a unique set of legal issues when negotiating a commercial lease agreement for their production facility and/or tasting room. License/Permit Contingencies and Permitted Use Provisions are Critical First…

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10Jul 2017

Author Josh Pope

Understanding a Landlord’s Ability to Increase the Tenant’s Share of Operating Expenses

  • Jul 10, 2017
  • Josh Pope
  • Real Estate Law
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In a commercial lease setting, in addition to the monthly rental payment, the tenant is often obligated under the lease agreement to reimburse the landlord for the tenant’s “Pro Rata Share” of certain “Operating Expenses” (sometimes called Common Area Maintenance…

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28Apr 2017

Author Josh Pope

Important Issues to Consider Before Entering into a Commercial Sublease

  • Apr 28, 2017
  • Josh Pope
  • Real Estate Law
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A properly structured sublease can be a prudent strategy in a commercial lease transaction. However, if poorly drafted, a sublease can unnecessarily expose all three parties (the landlord, tenant and subtenant) to unforeseen liabilities and risks.

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Recent Posts

  • The Importance of Recapture Provisions in Commercial Leases
  • Court of Appeals Gives Commercial Landlords and Tenants Key Guidance to Address COVID Shutdown Disputes
  • Illusory “Claims-Made” Commercial General Liability Policy Requiring Loss and Claim to Occur in the Same Year Unenforceable
  • Construction Contract Drafters Beware
  • Possible Change to Washington State Estate Tax Regime

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