Commercial Leasing 101, With New Ideas About Liquidated Damages

Nancy J. Townsend
Nancy J. Townsend
Krieg DeVault LLP

Nancy J. Townsend represents commercial landlords in the negotiation, drafting, and enforcement of leases, including the complex landlord-tenant issues that arise when tenants seek refuge in Chapter 11 bankruptcies.

David A. Adams
David A. Adams
Krieg DeVault LLP

David A. Adams serves as Chair of Krieg DeVault LLP's Real Estate and Environmental Practice. Mr. Adams concentrates his practice representing commercial real estate developers, investors, lenders, landlords, and tenants in connection with the development, financing, leasing, purchasing, and selling of office, industrial, healthcare, multi-family, and retail properties and alternative energy projects.

On-Demand: May 18, 2022

Commercial Leasing 101, With New Ideas About Liquidated Damages
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Program Summary

Attorneys will become familiar with commercial leasing terms related to gross vs. net leases (and variations thereof), common clauses in commercial leases, essentials of lease negotiation, whether and how to add percentage rent, operating costs, capital costs, and CAM fees to the base rent, and considerations in shifting responsibility of HVAC and capital improvements to the tenant. Attorneys will also learn of recent caselaw suggesting that liquidated damages provisions in commercial leases may streamline litigation and avoid the delay and expense of proving actual damages upon breach.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Commercial leasing terms
  • Negotiating important commercial lease provisions, including drafting of an enforceable liquidated damages clause
  • Enforcing commercial leases, including myriad of claims between landlord and tenant

Date / Time: May 18, 2022

  • 2:00 pm – 4:10 pm Eastern
  • 1:00 pm – 3:10 pm Central
  • 12:00 pm – 2:10 pm Mountain
  • 11:00 am – 1:10 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Nancy J. Townsend_Krieg DeVault LLP_myLawCLENancy J. Townsend | Krieg DeVault LL

Nancy J. Townsend represents commercial landlords in the negotiation, drafting, and enforcement of leases, including the complex landlord-tenant issues that arise when tenants seek refuge in Chapter 11 bankruptcies. She is licensed and experienced in both Indiana and Illinois. She is a proud graduate of Notre Dame Law School and a partner with the law firm of Krieg DeVault LLP.

 

David A. Adams_Krieg DeVault LLP_myLawCLEDavid A. Adams | Krieg DeVault LLP

David A. Adams serves as Chair of Krieg DeVault LLP’s Real Estate and Environmental Practice. Mr. Adams concentrates his practice representing commercial real estate developers, investors, lenders, landlords, and tenants in connection with the development, financing, leasing, purchasing, and selling of office, industrial, healthcare, multi-family, and retail properties and alternative energy projects. He also has extensive experience representing business owners in connection with entity formation, the acquisition and sale of businesses, as well as the negotiation and structuring of complex supply, distribution, and other general business agreements.

Agenda

I. Commercial Leasing 101 | 2:00pm – 3:00pm

1. Terms You Should Know | 2:00pm – 2:12pm
2. Leasing Considerations for Single-Tenant vs. Multi-Tenant Properties | 2:12pm – 2:24pm
3. Retail lease agreement: common clauses | 2:24pm – 2:36pm
4. Commercial Lease Negotiation and Terms | 2:36pm – 2:48pm
5. Common Lease Provisions | 2:48pm – 3:00pm

Break | 3:00pm – 3:10pm

II. Enforcing Commercial Leases | 3:10pm – 4:10pm

1. Landlord’s Potential Claims | 3:10pm – 3:30pm
2. Tenants’ Common Defenses | 3:30pm – 3:50pm
3. Remedies, including effect of liquidated damage provision | 3:50pm – 4:10pm

a) Discussion of 2460-68 Clark, LLC v. Chopo Chicken, LLC, ____ N.E.3d ___, 2022 WL 153213 (Ill. App. Ct. Jan. 18, 2022) | 3:50pm – 4:00pm
b) Liquidated damages in commercial leases in other states | 4:00pm – 4:10pm