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Best Practices: Navigating Conflicts Between State Statutes and the SOP

In construction law, retainage is the percentage of the completed work that is deliberately held back until a project is completed (or sometimes substantially completed) and not paid to the…
  • April 5, 2017
  • Katherine D. Tohanczyn

Best Practices: The Burden of Proving Your Guaranty Purchase Case #2

In the American criminal justice system, defendants are afforded a presumption of innocence which is derived from the fifth and fourteenth amendments to the Constitution.  This standard, which has been…
  • March 29, 2017
  • Ethan W. Smith

Best Practices: Further Changes to Franchise Review Procedures Under SBA Policy Notice 5000-1941

In a previous Starfield & Smith article posted on December 14, 2016, I discussed SBA’s new franchise guidelines that were implemented with SOP 50 10 5(I) in an effort to…
  • March 22, 2017
  • Katie O'Brien

Best Practices: Why a Forbearance Agreement May be a Win-Win Solution for Dealing with a Struggling Borrower

When faced with a borrower who is a chronic late pay or who has approached the lender to discuss options because they have defaulted or are about to default on…
  • March 15, 2017
  • Lyndsay Rowland

Best Practices: Effective May 1, 2017, Variable Rate Notes Must Include First Rate Adjustment Language

As interest rates have been rising over the past year and a half, the Small Business Administration (“SBA”) wants to be sure that SBA borrowers understand when their interest rate…
  • March 10, 2017
  • Kristen Dickey

Best Practices: Protecting Your Mortgage’s Priority From Mechanic’s Liens

Mechanic’s lien laws are statutes that exist in every state to protect contractors, subcontractors and material suppliers that furnish work or materials to construction projects. As the name suggests, these…
  • March 8, 2017
  • Katherine D. Tohanczyn
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