Recently, in the case of In re Hitz Restaurant Group (2020 Bankr. LEXIS 1470 (N.D. Ill. June 2, 2020)), the United States Bankruptcy Court for the Northern District of Illinois- Eastern Division held that a force majeure clause in a lease excused a restaurant tenant from its obligation to pay a portion of post-petition rent. 

If you are preparing for a WebEx presentation in Indianapolis for a rezoning or variance case, especially one which contested by Department of Metropolitan Development staff, by significant remonstrance, or both, consider the following tips/clarifications.

As states are reopening and many workers return to the physical office, several companies and their employees have adjusted to the work-from-home construct. Some have even embraced the idea. If this becomes a trend beyond the short-term, we may see the preferences of homebuyers begin to evolve along with the trend. Homebuilders have taken notice.

The brand new IndyBarHQ facility, opened in 2020, boasts meeting spaces now available for reservation! Our flexible meeting rooms feature state-of-the art technology, reliable wi-fi connectivity and easy access via private street-level entrances.

On February 26, 2020, Mayor Hogsett signed Proposition Number 41, 2020 (retitled General Ordinance No. 1 2020), entitled the Protection of Tenants’ Rights for residential rental tenants in Marion County. The bulk of the ordinance took effect upon passage, with the last piece of the legislation taking effect on July 1, 2020. Effective with every tenant whose occupancy commences on or after July 1, 2020 (via a new lease or a renewal), landlords must obtain and retain a copy of the Notice of Tenant Rights and Responsibilities.

As of July 1, 2020, all instruments which are to be recorded in the State of Indiana (deeds, mortgages, etc.) will need to comply with a modification to Indiana Code 32-21-2-3(a). Specifically, the Indiana General Assembly passed Senate Enrolled Act 340 during its 2020 session, which included a provision changing an “or” to an “and” in Indiana Code 32-21-2-3(a). The change invoked a requirement of common law “proof”, which is the requirement of a disinterested party to the transaction serving as a witness to the execution of an instrument.

The pandemic—and shift to remote work—is speeding up a shift that has been years in the making.

Since the COVID-19 pandemic gripped the United States in March 2020, many developers and borrowers with real estate construction or rehabilitation projects underway are faced with the critical question of whether they can adhere to the construction, conversion and other deadlines set forth in the project’s loan documents. Similarly, lenders are reviewing the loan documents to determine what, if any, extensions, amendments, or remedies might be available in case a borrower has experienced or is still experiencing delays in construction or rehabilitation of a project due to the pandemic.

The IndyBar exists to serve members of the legal profession, and through our members we serve the community. Lawyers are problem-solvers, defenders of the rule of law. We spend our days seeking to improve the lives of our clients and our communities. We have an opportunity and a privilege to help. 

As the effects of the COVID-19 pandemic spread to every sector of the US economy, construction contractors, landlords, tenants and borrowers are examining their construction contracts, leases and loan documents for provisions that extend times for covenant performance for delays that result from extraordinary or unforeseeable events, often referred to as “Force Majeure” (from the French, “superior strength”) or “Unavoidable Delays.”