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June 21, 2023

Investors Demand Refunds As Crowdfunded Deal For Huge Buckhead Office Property Falls Apart

When New York-based Nightingale Group agreed to buy the iconic Atlanta Financial Center complex in Buckhead from Sumitomo Corporation of America last summer for $182M, it planned to raise more than $76M from small-dollar investors through real estate crowdfunding platform CrowdStreet.

Nightingale pitched the deal — which would amount to a $78M loss from the price Sumitomo paid to acquire the complex — as a "rare opportunity to acquire a trophy office at a steep discount" because Sumitomo "needs to transact regardless of market conditions."

When it closed the fund in June 2022, Nightingale raised more than $53M from 772 individual investors, according to CrowdStreet's website.

But more than a year later, the deal still hasn't closed, and CrowdStreet has told investors pushing to get their money back that it can't verify the location or availability of the funds, according to documents obtained by Bisnow.

Investors Demand Refunds As Crowdfunded Deal For Huge Buckhead Office Property Falls Apart

Nightingale had told investors it is trying to get Sumitomo to agree to a reduced price for the 915K SF, glass-encased office complex straddling Georgia 400, according to investor messages shared with Bisnow.But in a May 31 letter to investors in the Atlanta Financial Center fund, CrowdStreet investor…

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Avison Young's Top U.S. Exec Departs, New President Named

Avison Young's Top U.S. Exec Departs, New President Named

Avison Young's top U.S. executive has left the company after less than two years, and the firm has appointed a new president. Avison Young announced Tuesday it promoted Harry Klaff to the role of U.S. president. Based in D.C., Klaff joined the firm…

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Construction Lawsuits Are Spiking As Pressure Rises To Accelerate Projects

Construction contracts are landing in court more often — and at higher dollar figures — than ever before, as runaway costs and pressure to build faster have led to a spike in disputes.

The average value of construction disputes in North American courts was $42.8M at the end of 2022, up from $30.1M the prior year, the highest value ever recorded and double the averages between 2016 and 2019, according to a study released by the engineering consulting firm Arcadis.

The number of lawsuits over construction projects also is expected to accelerate this year, according to Arcadis, which surveyed more than 500 construction, real estate and legal professionals.

Construction Lawsuits Are Spiking As Pressure Rises To Accelerate Projects

The jump in disputed amounts is part of a larger maelstrom directly related to the coronavirus pandemic, said Eric Schatz, vice president at Arcadis and one of the authors of the firm’s 13th annual construction dispute report. As construction projects have grown in size and complexity, the window for disputes to…

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