Real Estate, Environmental, and Construction

• EPA Adopts New ASTM Standard for Phase 1 Environmental Site Assessments

  March 15, 2022

  On March 14, 2022, EPA adopted the new ASTM Standard Practice E1527-21 for conducting Phase I Environmental Site Assessments (ESAs), allowing for its use to satisfy “all appropriate inquiries” (AAI) for landowner liability protections under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This revision will take effect on May 13, 2022, unless EPA […]

• MICHIGAN COMMERCIAL AND RESIDENTIAL CONSTRUCTION CAN RESUME MAY 7

  May 1, 2020

  After being shut down since Governor Whitmer issued Executive Order 2020-21 on March 23, 2020, Michigan commercial and residential contractors can go back to work effective 12:01 a.m. on Thursday, May 7, pursuant to the Governor’s most recent Executive Order, 2020-70, issued late afternoon on May 1. More specifically, §10 (f) of EO 2020-70 provides: […]

• CARES Act Provides Mortgage Relief Options

  April 24, 2020

  Under the recently enacted CARES Act, homeowners, rental property owners, and renters may be eligible for mortgage relief options. To be protected against foreclosures, the mortgage must be federally owned or otherwise backed by one of the federal agencies. To understand who owns or backs your mortgage, you can call your servicer. The servicer has […]

• Environmental Enforcement Discretion Amid the COVID-19 Crisis

  April 17, 2020

  Environmental regulators have issued discretionary environmental enforcement guidance in recognition that the COVID-19 pandemic will compromise or even prevent environmental compliance in certain circumstances. In response to the debilitating combination of worker shortages, closure of non-essential businesses, and stay-at-home orders, EPA has issued a new enforcement policy, and Michigan’s Department of Environment, Great Lakes and […]

• The Impact of COVID-19 on Evictions

  April 16, 2020

  The most likely impact of the economic shutdown due to COVID-19 will be a rise in evictions, loan defaults and bankruptcy filings.  While financial institutions, lessors and suppliers can be expected to work with many of their clients during this crisis, it is anticipated that not all businesses will survive. Last week, Crain’s Detroit reported […]

• Environmental Due Diligence During the COVID-19 Pandemic

  April 10, 2020

  There are a number of challenges with conducting environmental due diligence for commercial real estate transactions during the COVID-19 pandemic. Government restrictions including shelter-in-place orders and social distancing guidelines present obstacles for completing key requirements of a Phase I Environmental Site Assessment (“Phase I ESA”), Phase II sampling, a baseline environmental assessment (“BEA”) and due […]

• Executive Order Permits Remote Notarization for Real Estate Transactions

  April 9, 2020

  Under Executive Order NO. 2020-41, Governor Whitmer permits a remote notarization to minimize interaction and facilitate working remotely during Stay Home, Stay Safe.  Real Estate transactions are required by law to comply with rules and procedures that includes requiring a notary to be physically present.  Under this Executive Order, the requirement that a notary must […]

• The Impact of COVID-19 on Real Estate Transactions

  April 2, 2020

  While businesses close and the economy slows due to COVID-19, questions about obligations in real estate transactions and real property agreements continue to grow. Many parties may find themselves unable to meet their obligations because of the restrictions imposed by Executive Order 2020-21. Numerous companies and service providers supporting a real estate transaction are finding […]

• Residential Contractors Must Quickly Clean Up, Pick Up and Button Up Ongoing Residential Construction Projects

  March 27, 2020

  In the wake of Governor Whitmer’s “Stay Safe, Stay Home” Executive Order 2020-21, many residential contractors have been uncertain as to what steps they could take to “button up” ongoing projects. There has been a lot of confusion about whether existing projects could be finished, or whether all construction activities had to end immediately. The […]

• Escalating Environmental Due Diligence Costs Ahead?

  November 15, 2018

  Escalating Environmental Due Diligence Costs Ahead? In 2019, we may see an increase in due diligence costs associated with many commercial real estate transactions in Michigan. There is proposed legislation to impose government fees on customary environmental due diligence reports, as described below. Pending before the Michigan legislature is a bill (Senate Bill 943) that […]