Kenneth M. Block

July 19, 2001 | Law.com

A New York federal court thwarted a borrower's effort to repudiate, on the ground of economic duress, a release given as a condition to a mortgage assignment to a new lender. The court concluded that the release was negotiated at arm's length and supported by valuable consideration, and therefore barred the borrower from bringing suit. The case provides lenders with the assurance that carefully negotiated written agreements will be enforced by the courts.

By Kenneth M. Block and Jeffrey B. Steiner

11 minute read

June 15, 2011 | New York Law Journal

In their Construction Law column, Kenneth M. Block and John-Patrick Curran, members of Tannenbaum Helpern Syracuse & Hirschtritt, write that the American Institute of Architects publishes a multitude of contract forms for use on construction projects, and while the AIA attempts to achieve a balance among the interests of owners, architects and contractors, there is a natural bias in favor of architects, which may also redound to the benefit of contractors.

By Kenneth M. Block and John-Patrick Curran

9 minute read

July 20, 2005 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, write that construction lenders generally require borrowers on major projects to obtain performance bonds from their contractors. For the past several years, however, an alternative to performance bonds has been available in the form of contractor default insurance, marketed under the name "Subguard" by Zurich North America Insurance Company.

By Kenneth M. Block and Jeffrey B. Steiner

8 minute read

June 12, 2006 | New Jersey Law Journal

The applicability and enforceability of prepayment premiums and exit fees for commercial loans has been the subject of recent litigation around the country, with lenders and borrowers advancing contrary positions based upon their particular reading of the relevant loan documents.

By Kenneth M. Block and Jeffrey B. Steiner

8 minute read

March 11, 2009 | New York Law Journal

Kenneth M. Block, a partner of Tannenbaum Helpern Syracuse & Hirschtritt, and Hilary Semel, a senior associate of the firm, review the programs included in the American Recovery and Reinvestment Act of 2009 that are intended to improve the energy efficiency of federal buildings and public housing, which may lead to widespread green retrofitting of both public and private buildings, along with other federal and state incentives available for retrofitting and LEED criteria for green building certification.

By Kenneth M. Block and Hilary Semel

10 minute read

May 18, 2005 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, partners at Brown Raysman Millstein Felder & Steiner, write that a recent decision by the U.S. Court of Appeals for the Second Circuit has reaffirmed the limited duties a secured lender owes to a borrower.

By Kenneth M. Block and Jeffrey B. Steiner

12 minute read

May 13, 2009 | New York Law Journal

Kenneth M. Block, a partner at Tannenbaum Helpern Syracuse & Hirschtritt, writes: The current economic crisis has resulted in the suspension or abandonment of many incomplete construction projects, leaving in their wake competing lien claims between lenders and contractors. The resolution of these claims is generally a function of the lenders' strict compliance with the Lien Law which, when properly followed should give the upper hand to the lender.

By Kenneth M. Block

12 minute read

November 14, 2007 | New York Law Journal

Kenneth M. Block, a partner in Tannenbaum Helpern Syracuse & Hirschtritt, writes that where an owner elects to build green, its design and construction contracts should be revised to reflect the services of the project team necessary to meet the requirements for the production of a green building. He provides a brief overview of the green building process and identifies the types of services expected of the project team.

By Kenneth M. Block

10 minute read

March 10, 2010 | New York Law Journal

John-Patrick Curran and Kenneth M. Block, members of Tannenbaum Helpern Syracuse & Hirschtritt LLP, review a recent decision that marks the first time that the Court of Appeals has ruled on the propriety of the criteria established by Department of Environmental Conservation to determine eligibility to participate in the Brownfield Cleanup Program. While the Court's holding specifically resolves one issue with respect to DEC's authority to restrict participation in the BCP, it raises larger questions concerning the continued viability of DEC's eligibility criteria.

By John-Patrick Curran and Kenneth M. Block

15 minute read

January 17, 2007 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Thelen Reid Brown Raysman & Steiner, write that the issuance of a "commitment" by a lender is fraught with danger where there are conditions precedent to funding; for example, the lender may need to obtain loan participants or has not completed its due diligence. Unless the lender clearly expresses that the "commitment" is neither binding nor enforceable, it may find itself embroiled in litigation if the loan does not fund.

By Kenneth M. Block and Jeffrey B. Steiner

10 minute read