Construction Loan Extension Agreement for the United States

Construction Loan Extension Agreement Template for United States

A Construction Loan Extension Agreement is a legal document used in the United States to modify and extend the terms of an existing construction loan. This agreement outlines the new maturity date, any modified terms, additional conditions, and updated construction milestones. It ensures compliance with federal and state lending regulations while protecting both lender and borrower interests in the continued construction financing arrangement.

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What is a Construction Loan Extension Agreement?

The Construction Loan Extension Agreement becomes necessary when a construction project requires additional time beyond the original loan term for completion. This document is typically used when construction delays, unforeseen circumstances, or market conditions necessitate extending the loan maturity date. The agreement modifies the original construction loan terms while maintaining compliance with U.S. federal and state lending regulations. It includes essential details such as the extended maturity date, revised construction schedules, updated payment terms, and any additional conditions required by the lender.

What sections should be included in a Construction Loan Extension Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background/Recitals: Reference to original loan agreement, reason for extension, current status of construction

3. Definitions: Key terms used in the agreement, including original loan agreement definitions

4. Extension Terms: Specific details of the extension including new maturity date and any modified terms

5. Conditions Precedent: Requirements that must be met before extension becomes effective

6. Representations and Warranties: Borrower's confirmation that original representations remain true

7. Fee Structure: Any fees associated with the extension

8. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Construction Loan Extension Agreement?

1. Additional Security: New security requirements for extension when additional collateral is required

2. Modified Payment Terms: Changes to payment schedule or amounts when payment terms are being modified

3. Construction Milestone Updates: Revised construction schedule and milestones when construction timeline is being modified

4. Interest Rate Adjustments: Changes to interest rate structure when interest terms are being modified

What schedules should be included in a Construction Loan Extension Agreement?

1. Updated Construction Schedule: Revised timeline for construction completion

2. Modified Budget: Updated construction budget if applicable

3. Property Details: Legal description of property and current construction status

4. Payment Schedule: Updated amortization schedule if terms modified

5. Compliance Certificates: Current certificates showing compliance with loan conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Truth in Lending Act (TILA): Federal law requiring lenders to provide standardized disclosures about loan terms and costs, ensuring transparency in lending transactions.

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring specific disclosures and prohibiting certain practices in real estate transactions.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance.

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions, including lending, based on protected characteristics.

Dodd-Frank Act: Comprehensive financial reform legislation affecting lending practices, consumer protection, and financial institution oversight.

State Usury Laws: State-specific regulations governing maximum interest rates and loan charges that lenders can legally assess.

Uniform Commercial Code Article 9: Governs secured transactions and provides framework for creation, perfection, and enforcement of security interests in personal property.

Building and Construction Regulations: Local and state requirements governing construction standards, permits, and compliance with building codes.

Mechanics' Lien Laws: State laws protecting contractors' and suppliers' rights to payment by placing a lien on the improved property.

Federal Bankruptcy Code: Federal laws governing bankruptcy proceedings that may affect loan enforcement and collection rights.

Environmental Regulations: Federal and state requirements governing environmental compliance and liability in construction projects.

Consumer Financial Protection Bureau (CFPB) Regulations: Federal regulations implementing consumer protection laws and establishing standards for consumer financial products.

State Banking Regulations: State-specific rules governing banking operations, lending practices, and financial institution oversight.

Recording Requirements: State and local requirements for recording and perfecting security interests in real property and construction loans.

COVID-19 Related Regulations: Temporary or permanent regulations enacted in response to the pandemic affecting construction lending and loan modifications.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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