Invesco Advisers, Inc. v. Marsh & McLennan Co.

*415The parties entered into a lease for the rental of commercial space which provided that plaintiff tenant had inspected the premises, was taking it “as is,” and would be undertaking construction work to prepare for its initial occupancy. The lease further provided that defendant landlord was not required to perform any work to prepare the premises for tenant and would furnish plaintiff with a “construction allowance” to reimburse it for a portion of costs incurred in “constructing long-term real property for use in [plaintiffs] trade or business.” Plaintiff was responsible for obtaining all…