Real Estate & Construction

Look beyond the monthly rent. The lease should explain how long you are committed to the space, whether you can renew, and which operating expenses, taxes, insurance costs, and common-area maintenance charges you must pay. It should also address repairs, improvements, permitted uses, assignment and subletting, default, termination, and any personal guaranty. Many of these terms are negotiable, particularly before you sign a letter of intent or your landlord begins preparing the space.

Before closing, investigate the property’s title, boundaries, environmental condition, zoning, permitted uses, physical condition, leases, and compliance with applicable permits and building codes. If tenants occupy the property, review their leases and obtain written confirmation of important facts such as rent, deposits, defaults, and renewal rights. The purchase agreement should give you enough time to complete this review and explain when you may renegotiate the terms or cancel the purchase if you discover a serious problem.

Zoning determines how you can use property. More specifically, zoning details what you can build and enumerates building restrictions, such as height, density, setbacks, parking, signs, and access. A proposed project may require rezoning, a special-use permit, a variance, site-plan approval, or other government authorization. Existing use of a property doesn’t always mean that the buyer may continue or expand that use after a change in ownership or operations. A real estate attorney will review the applicable rules and advise you about the necessary approvals. They will also represent you before planning commissions, boards of zoning appeals, and other local authorities.

A construction contract should set forth the work to be performed, its cost, payment due dates, and the projected completion date. It should explain how the parties will handle change orders, delays, unforeseen site conditions, inspections, defective work, and warranty claims. The contract should also address insurance, indemnification, termination rights, and the dispute-resolution process. Finally, it should identify all documents that form the agreement and state which one controls if the terms conflict. Standard industry forms are a useful starting point, but you should revise them to reflect the project and each party’s responsibilities, including the delivery method.

The first step is reviewing the contract. It may require you to give notice by a certain deadline, allow the contractor an opportunity to inspect or correct defective work, or attempt mediation or arbitration before filing a lawsuit. Preserve project schedules, daily reports, photographs, change orders, invoices, payment records, and communications about the delay or defect. You may need to retain specialists including engineers, architects, and scheduling experts to determine what went wrong, who is responsible, and what it will cost to complete or correct the work.

First, find the deed, title report, survey, easement documents, and any agreements or communications involving the property. These disputes may concern the location of a boundary, a neighbor’s right to cross or use the property, restrictions on development, adverse possession, or a defect in the chain of title. You may be able to resolve the problem with a corrected deed, a new easement, a boundary agreement, or another negotiated solution. If you cannot come to an agreement, you can take the other party to court, retain an attorney to represent you in quiet-title, easement, or boundary litigation.

You may have rights under your contract or a payment bond. You may also be able to seek remedies under your state’s mechanic’s lien laws. A mechanic’s lien allows a contractor, subcontractor, or supplier to secure payment by recording a claim against the property. These rights depend on giving the correct notices and meeting strict filing deadlines, so act quickly. A real estate attorney will review the contract, invoices, change orders, payment records, and project details to determine the available remedies and help you prepare and enforce valid claims.

Don’t ignore it. A mechanic’s lien can affect the property’s title and interfere with a sale or financing. The first steps are determining whether the claimant performed qualifying work, calculated the amount correctly, provided any required notices, and filed the lien on time. You may be able to negotiate payment and obtain a release. Other options include challenging an invalid or overstated lien and posting a bond that removes the lien from the property while the dispute continues.

Yes. Our real estate attorneys represent borrowers, lenders, developers, and investors in structuring and documenting financing for acquisitions and development projects. The financing may include an acquisition or construction loan, permanent financing, guarantees, a mortgage or deed of trust, an assignment of leases and rents, and other collateral documents. We review how the loan terms affect the project, including restrictions on additional borrowing, distributions, ownership changes, leasing decisions, and use of the property. We also coordinate the financing documents with the purchase agreement, development plans, leases, and construction contracts so that the different parts of the transaction work together.