In the negotiation of management agreements, owners take comfort from the performance test that in the most optimistic light will allow the hotel owner to terminate a management company that does not meet the standards of the performance test.

The major US hotel brands (e.g., Marriott, Hyatt, Hilton, InterContinental…) have become truly global in the past 20 years and many of them now franchise or manage more hotels outside the US than within the US. In the management agreements whereby these brand owners not only license their names and know-how for use by a […]

Making hotel insurance simple, and saving you money in the process. You may be aware of this recent judgment, maybe not. Either way, you definitely should be, because it has ramifications for every hotelier (and any other business owner) across the country. Even though Florida is often quite idiosyncratic in its lawmaking, this recent change […]

As a lawyer involved for over 30 years in the drafting and negotiation of contracts for the hospitality industry, I can assure you that disputes are inevitable. Even among parties such as owners and management companies that have the best working relationships, there will nevertheless be issues that cause discord. It is in how we […]

A common question for hotel and restaurant operators is: How do I get insurance that effectively covers my operation for the lowest price available? While insurance is a complex topic with many intricate layers, the answer to this specific question is fairly simple – control the process. When you ask for a certain grade of […]

Mediation is becoming a “must” in many states prior to a judge hearing a case. Coming prepared for mediation will limit anxiety, expedites the negotiations, and has been proven to result in a higher chance of a resolution of the dispute.

When we think about alternative dispute resolutions, our first thoughts are likely go to mediation and arbitration. For these situations, a neutral third party is called upon to resolve the issue. In the case of a mediator, it’s by skillful intermediation to bring about a compromise. And in the case of an arbitrator, it’s a […]

Hospitality operators borrow money from lenders in various manners. Whether you borrow from a local community bank or complete a commercial mortgage backed securities (CMBS) transaction on Wall Street, in the loan documents you will be required to maintain a certain level of insurance. And with this comes stipulations that may be a tad burdensome […]

It is readily apparent that terrorist and active shooter events around the world have experienced s dramatic increase of late. Up until recently, 9/11 was looked upon as a one-time event and billions were subsequently spent to combat terrorism in the US. But the rise of ISIS, lone wolves and active shooters has not been […]

Having represented management companies and owner/developers in projects ranging from five-star mixed-use luxury branded resorts to limited-service highway franchised hotels, I have had the opportunity to work on many branded management agreements, third-party management agreements (non-branded) and franchise agreements. From my years of experience, I’ve compiled a list of key terms and tips for you […]