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Real Estate Development and Construction

Our firm has extensive experience in all phases of real estate development. We represent developers, landowners, and equity investors in the development and construction of property types, including office buildings, retail and mixed-use developments, distribution centers, data centers, industrial plants, leisure developments, residential developments, retirement and assisted care centers, and medical and hospital facilities.

Development projects provide the opportunity to tap the full resources of the firm by integrating the experience of our real estate lawyers with that of lawyers in other practices, such as environmental, planning and zoning, tax, construction, energy, transportation, and economic incentives.

CAPABILITIES

Public-Private Partnerships

Public-private cooperation in project development has become more common as governments turn increasingly to public investment to help develop strategically important improvements and infrastructure. Our lawyers advise municipal and private sector clients in the formation and management of large and complex public-private joint ventures, including major cultural and sport facilities and large-scale urban redevelopment programs throughout the United States, Europe, and Australia.

In these public-private transactions, our lawyers negotiate exclusive rights agreements, participation agreements, development agreements, disposition and development agreements, operating agreements, reimbursement agreements, restrictive covenants, tax increment financing, and conditions of approval with municipalities and redevelopment agencies. 

Environmental Matters

We advise clients on a wide range of environmental issues, from compliance with government regulations to insurance coverage litigation to issues relating to brownfields redevelopment, wetlands issues, and air quality. We take a practical approach to environmentally sensitive and contaminated properties, focusing on mitigation of risks and coordinating with governmental agencies to obtain a practical resolution of potential environmental liability. Our lawyers have negotiated remediation plans and consent orders with numerous environmental agencies. Our team of real estate and environmental lawyers has substantial experience in brownfields projects at complex industrial sites. We also are experienced in litigating environmental issues, such as representing parties in CERCLA litigation; defending against Environment Agency, Environmental Protection Agency, and local government orders, decisions, and citations; and defending clients in criminal cases involving alleged violations of environmental laws.

Eminent Domain

We represent clients in government condemnation and eminent domain and compulsory purchase matters. Our experience also includes claims for inverse condemnation and condemnation for rights-of-way and easements. We represent clients whose property is being acquired for public works, negotiating and litigating claims for just compensation. We also represent municipalities in all phases of eminent domain and property acquisition for government-assisted housing and other public development projects.

Real Estate Disputes and Litigation

We frequently represent landlords and tenants in connection with disputes and related litigation ranging from the applicability of exclusivity clauses and other restrictive covenants to economic defaults, as well as actions for ejectment, forfeiture, and repossession; security of tenure issues; contested rent reviews; and service charge disputes.

We also represent both general partners and investors engaged in disputes involving securities law issues and alleged breaches of fiduciary duties. Our practice includes instituting or defending mortgage foreclosure, forfeiture, and enforcement actions. Further, we have settled or litigated numerous construction disputes on behalf of contractors, lenders, and owners.
 

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