Pop Quiz

Are You Responsible for Costs of Cleaning Up Contamination You Don't Cause?

February 27, 2015    

SITUATION

  • 1990: Owner 1 buys undeveloped, pristine commercial property.
  • 1993: Construction is completed on a new shopping center.
  • 1994: Owner 1 leases space in the new center to ABC Dry Cleaners for 10 years....

Who's Responsible for Making a Tenant's Space ADA-Accessible?

January 29, 2015    

SITUATION

An electronics store leases 3,000 square feet of shopping center space. But the city won’t let the store operate until wheelchair ramps are installed and the parking lot is re-striped to comply with the Americans with Disabilities Act (ADA). The owner refuses to do the...

Who's Responsible for Workers' Asbestos Exposure During Tenant Construction?

December 16, 2014    

SITUATION

A shopping center leases space to a shoe store without notifying the tenant that the ceiling tiles contain asbestos. The lease requires the tenant to install a new heating and air-conditioning system in the space. It also makes the tenant solely responsible for compliance with...