Law Commons^™

Amenities, Amenities, Amenities? How Policymakers Can Swot Their Way To Better Entrepreneurial Facility Options, Darren Prum

Darren A. Prum

Across the country, policymakers from both the public and private sector regardless of their level of responsibility turn to entrepreneurial ventures as an opportunity to drive economic activity within their sphere of influence. They develop and implement strategies that encourage new business ventures but fail to consider a fundamental aspect of the organizing process of a business, which is finding a suitable facility. As such, this article seeks to consider and evaluate the forms and types of facilities available to entrepreneurs in order to provide policymakers with an insight on the best methods to assist in facilitating their success while …

Greenbacks For Building Green: Does A Lender For Sustainable Construction Projects Need To Make Adjustments To Its Current Practices?, Darren Prum

Darren A. Prum

In the development of real property, the availability of money to secure construction resources becomes an important factor for success. The construction loan plays a central role in providing funds to erect a building on real property, but a lender faces numerous exposures that might result in a loss. In evaluating a project to determine its viability and to uncover any exposure it might present, a lender will conduct an extensive underwriting review process and will use mitigation techniques through the construction loan agreement and disbursement requirements to reduce the perceived risks to an acceptable business level, for those developments …

Terms Of Engagement: What Does All That Contract Legalese Really Mean And How Can We Better Teach It To Our Students?, Robert Aalberts, I. Scott Bogatz, Darren Prum

Darren A. Prum

Teaching the law of contracts has always been one of the most fundamental tasks that legal studies/business law professors carry out. Truly, no legally successful business transaction can be realized without a commanding knowledge of contract law. Still, most of our time in the classroom focuses on teaching the elements of a contract accompanied by illustrative appellate level cases rather than explaining and discussing what the important terms and clauses in a typical contract really mean. Knowing the important terms that appear in most contracts and how they relate to contract law can add a significant and essential dimension to …

The Bonds That Tie: Will A Performance Bond Require That A Surety Deliver A Certified Green Building?, Darren Prum, Lorilee Medders

Darren A. Prum

In 2006, the city of Washington, D. C. passed landmark legislation that introduced green building requirements for various types of structures into the jurisdiction over a five-year period. A noteworthy aspect of the legislation directed construction projects within the district to purchase green performance bonds up to $3 million to guard against a privately owned project’s failure to meet its green building aspirations. In essence, this law placed the burden of guaranteeing compliance with the government’s policy upon the contractors and sureties of a green building project.

Following the passage of this act, confusion amongst the construction industry and sureties …

Green Building Contracts: Considering The Roles Of Consequential Damages & Limitation Of Liability Provisions, Darren Prum, Stephen Del Percio

Darren A. Prum

The green building market continues to grow, but so do the corresponding legal risks which are only now being explored by scholars and practitioners. Lurking in the shadows behind any green building risk management strategy is how consequential damages - damages which may flow from a party's breach of a design, construction, or consulting contract - should be allocated among project stakeholders. This allocation is particularly critical on green building projects, whose unique and novel nature can create an increased potential for consequential damages. For example, green building tax credits, premium rents, and even energy savings might fall within the …

Green Building Claims: What Theories Will A Plaintiff Pursue, Who Has Exposure, And A Proposal For Risk Mitigation, Darren Prum, Stephen Del Percio

Darren A. Prum

No abstract provided.

Enforcement Of Gaming Debt, Darren Prum

Darren A. Prum

No abstract provided.