Construction Lending: Key Issues for Negotiation and Documentation
Construction Draws, Loan Balancing, Retainage, Payment and Completion Guaranties, HVCRE Equity Requirements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide lender’s counsel with guidance in the negotiating and documenting of construction loans, including provisions for making loan advances, budgeting and loan balancing, payment and completion guaranties, pre-leasing requirements, retainage and project completion. The panel shall also discuss best due diligence practices and how to document certain construction loans for exemption from High Volatility Commercial Real Estate (“HVCRE”) classification.
- Parties involved in a construction loan
- Construction loan risks
- Due diligence
- Construction loan documents
- Other crucial issues
The panel will review these and other critical issues:
- What additional risks and concerns arise in construction lending as opposed standard commercial property loans?
- What are the contentious provisions in construction loan documents and the points of negotiation?
- How do plans and specs, budgeting, and retainage figure into the loan funding process?
- How do payment and completion guaranties address construction risks and how do they vary?
David A. Weissmann
Weissmann Zucker Euster Morochnik & Garber
Mr. Weissmann has represented real estate developers, managers and lenders in a variety of transactions and... | Read More
Mr. Weissmann has represented real estate developers, managers and lenders in a variety of transactions and operational matters for over 25 years. These transactions include construction and permanent financing, revolving credit facilities, loan workouts, foreclosures, condemnation matters and claims, zoning matters and real estate sales, acquisitions, development, construction and leasing.Close
Jason E. Goldstein
Shareholder, Chairman of the Firm’s Mortgage Banking Group
Mr. Goldstein is Chairman of the Firm’s Mortgage Banking Group and specializes in real property related... | Read More
Mr. Goldstein is Chairman of the Firm’s Mortgage Banking Group and specializes in real property related litigation and “private money.” His practice involves defending lenders, brokers and servicers in court and also involves prosecuting title insurance causes of action, escrow causes of action, misappropriation of trade secret causes of action, judicial foreclosures, and handling general civil litigation. He is a frequent speaker on broker and lender liability, title insurance and escrow.Close
John L. Hosack
Mr. Hosack focuses his transactional practice on commercial real property loan documentation, loan workouts, REO sales... | Read More
Mr. Hosack focuses his transactional practice on commercial real property loan documentation, loan workouts, REO sales and foreclosures. He represents secured lenders and property owners at trial and on appeal in complex real property disputes, including lender liability, fraud, class actions, breaches of contract, wrongful foreclosures, mechanic’s liens, stop notices, judicial foreclosures, receiverships, escrow claims and title insurance claims.Close
Enrique (Rick) Rodriguez, Jr.
Founder and Principal
Rodriguez & Associates
Mr. Rodriguez is a qualified expert in banking and real estate matters and for the past 17 years has provided a wide... | Read More
Mr. Rodriguez is a qualified expert in banking and real estate matters and for the past 17 years has provided a wide variety of real estate brokerage, financial advisory, consulting, litigation support and expert witness services to his clients. He advises law firms, development companies, financial institutions and investors on standard lending practices, market rates of interest, and other business transactions which often involve tens of millions of dollars. He is knowledgeable of capital markets and financing transactions and, as a licensed real estate broker, procures debt and equity capital for his clients from financing sources which include banks, life insurance companies, pension funds, REIT’s and conduit lenders.Close