Host: Financial Management Forums, Inc.
Date: Thursday, May 12, 2022, 13:30-16:30
Venue: Seminar Room in Greenhill Bldg. (for up to 10 participants) / Live Broadcasting via Zoom / Video Distribution
Past disputes and practical responses to real property redevelopment and large-scale reconstruction
– Latest Considerations to Prevent Risks Based on Recent Cases –
Outline of the Seminar
Lately, including Tokyo Olympic-related facilities and planned sites for IR, many large-scale sites such as old factory sites are being redeveloped and many large-scale constructions such as buildings and condos are being reconstructed. However, there have been many disputes where, among other things, waste (oil, etc.), underground obstacles (underground pilings, etc.) and/or soil contamination is discovered hindering redevelopment, where there is asbestos and construction surplus soil in demolition of the buildings, where forced surrender and eviction from the building is proceeding with difficulty, where serious defects are found in the reconstructed buildings and their ground/foundation, where neighborhood residents are stepping up their opposition.
In this seminar, the lecturer explains points to note in recent disputes relating to redevelopment, and points to note in respect of acquisition/lease of development sites to design/construction of buildings.
1. Recent examples of disputes pertaining to real property redevelopment
(1) Acquisition of site: disputes due to soil contamination/oil/wastes including construction surplus soil/underground pilings and underground obstacles
(2) Lease of site: selection of fixed-term land lease (lease term), rent determination, security deposit, etc., conditions for vacation/eviction of leased buildings, terms of restoration, etc. (including soil contamination, underground pilings)
(3) Contract for construction work: disputes due to defective construction (including soft ground/poor foundation) and illegal structures
(4) Other problems: land readjustment/urban redevelopment, reconstruction of condos, neighborhood disputes, etc.
2. Overview of laws, regulations, etc., relating to real property redevelopment
3. Key points for practical operations (due diligence, contract provisions to be noted, etc.)
(1) Practical operations for acquiring a site
(2) Practical operations for leasing and returning a site (leased land)
(3) Practical operations for constructing a building (contract for design/construction)
(4) Force majeure clause (natural disaster/new infectious disease etc.)