Anderson Kill’s Real Estate and Construction Practice brings together talented attorneys from several allied legal fields to provide legal counsel and representation for a host of complex real estate and development-related issues.  Transactional services include acquisitions, dispositions, construction, land use, zoning and financing of commercial, industrial, residential and retail projects.  We also handle restructurings, reorganizations and workouts, and provide risk management services as well as insurance coverage counsel.  Dispute resolution services include advice as to how to avoid litigation. Where disputes are inevitable, we provide representation in arbitration, mediation, and litigation in court.

Why Anderson Kill?

Our real estate attorneys work closely together on a variety of matters and transactions.  They share information to ensure practical, informed and efficient results.  Real estate law frequently involves more than one practice area.  Anderson Kill brings together an expansive array of real estate legal services to deliver comprehensive solutions under one roof.

The Real Estate and Construction Practice provides legal services in the following areas:

	Acquisitions and Dispositions
	Commercial Leasing
	Land Use and Zoning
	Construction, Development, Design and Planning
	Sustainable Development
	Financing
	Workouts and Restructuring
	Insurance Coverage Disputes
	Environmental Risk-Management Services
	Real Estate and Zoning Litigation and Dispute Resolution
	Construction Litigation and Dispute Resolution
	State and Local Tax and Finance Benefit Programs

Acquisitions and Dispositions

Our attorneys represent a variety of owners, investors, constructors, design professionals, financial services companies and developers in the acquisition, sale, exchange, management and development of office buildings, shopping centers, industrial properties, multifamily properties, hotels, condominium and cooperative projects, educational facilities, health care facilities and other commercial properties.  As a comprehensive practice, we prepare and negotiate limited liability company agreements, partnership agreements, property management agreements, development agreements and asset management agreements, and advise our clients of the most advantageous ways to structure their transactions.  We are familiar with the LEED certification process and advise clients on the use and impact of LEED standards and on "green" legal issues generally.

For further information, please contact:

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Commercial Leasing

Anderson Kill’s commercial leasing work involves representation of both landlords and tenants in New York, Washington and throughout the United States.  Such work includes leases and subleases for urban office, retail space, commercial and industrial facilities, and shopping centers. We also advise investors, developers and agents with respect to the operation of the subject properties, and frequently assist in structuring agreements for the management and leasing of large commercial and multi-unit residential developments.

For further information, please contact:

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Land Use and Zoning

The use and development of land and buildings in New York City are governed by a bewildering array of laws, including the Zoning Resolution (800+ pages), Landmarks Law and Building Code, and environmental review procedures. Our land use and zoning practice complements the firm’s real estate practice with specific expertise in this niche area of land use law.  Anderson Kill is one of the few law firms in New York City that has a land use practice.  Our clients include for-profit and not-for-profit developers, health care institutions, academic institutions and law firms representing those entities. We represent clients before the City Planning Commission, Landmarks Preservation Commission, Board of Standards and Appeals, and City Council, and city agencies such as the Departments of Buildings, Environmental Protection, Transportation, Housing Preservation and Development, and the New York City Economic Development Corporation.

Some of the areas in which we have assisted clients include:

		City Planning Commission approvals and variances for nursing homes' expansions and renovations
		City Planning Commission approvals for major mixed-use development on behalf of public agency
		City Planning Commission approvals for residential development project on 25-acre site
		Advice to major operator of self-storage facilities regarding development potential on site subject to previous City Planning Commission approvals
		Advice to commercial property owners regarding various issues associated with property ownership in New York City
		Transactions involving transfers of development rights
		City Planning Commission approvals of changes to public plaza design
		Advice to prospective purchasers regarding permitted uses development potential of properties
		Represented cooperative board in dispute with cooperator over proposed use in building
		Represented hotel owner in City Planning Commission approval of redesign of plaza space that generated zoning bonus

For further information, please contact:

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		City Planning Commission approvals and variances for nursing homes' expansions and renovations
		City Planning Commission approvals for major mixed-use development on behalf of public agency
		Negotiation, drafting and amendment of numerous lump sum, guaranteed maximum price and variable price construction, construction management and architectural contracts, ranging from small retrofit projects to developments costing in excess of $500 million
		Electric transformer vault agreements
		Declarations of Covenants, Conditions and Restrictions, conservation easements and other easement agreements
		Development agreements for combined occupancy structures using “air rights” leases and other development rights vehicles
		Mechanic's lien filing and release
		Preventing, litigating and responding to claims relating to mechanic's liens
		Owner’s representative agreements to oversee multiple construction phases
		Retainage release issues
		Asbestos and other hazardous waste abatement programs
		Advance payment procedures
		Demolition contracts
		Trade contractor bankruptcies
		Specific issues related to demolition, renovation and construction of infrastructure components, such as tunnels and bridges in franchised and de-mapped space
		Payment workouts, including constructive trust issues
		Special permit issues
		Design errors and omissions
		Bidder prequalification procedures
		Delay claims negotiation and litigation
		Relocation planning
		Change order negotiations, including scope disputes
		Construction coordination between adjoining landowners concerning access, party walls and protection of property
		Property damage claims
		Off-site materials and equipment storage arrangements
		Warranty issues
		Specialty equipment procurement and installation agreements
		Mock-up protocols and tests, including those affecting curtain walls
		Closeout procedures
		Partial turnover agreements
		Development and maintenance of risk management policies and procedures, including specification of insurance coverage and oversight of "wrap-up" programs
		Punchlist administration issues
		Claims against sureties under payment and performance bonds
		Assisting clients in navigating the Byzantine pathways of the lien laws of the several states

For further information, please contact:

James P. Cullen, (212) 278-1565 or jcullen@andersonkill.com
Kevin J. Connolly, (212) 278-1471 or kconnolly@andersonkill.com
Lawrence J. Bartelemucci, (212) 278-1883 or lbartelemucci@andersonkill.com

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Sustainable Development

Sustainable development requires more than just attention to good design — it requires "green" contracts as well.  Anderson Kill attorneys are experienced in drafting and negotiating acquisition contracts, design and construction agreements, leases, management agreements, financing documents and other real estate and construction-related agreements to address issues of sustainable development and operations from multiple perspectives.

The Sustainable Development Group is headed by Thomas Petty, one of the few attorneys in the United States to hold accreditation from the U.S. Green Building Council as a LEED Accredited Professional (LEED AP).  As such, Mr. Petty is equipped not only to work with LEED-certified architects, designers, builders and other contractors to ensure that buildings are constructed to LEED specifications, but also to structure leases and other agreements to ensure that buildings will continue to be operated in a manner that will maintain LEED certification.

For further information, please contact:

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Financing

Anderson Kill represents clients in financing of office buildings, shopping centers, industrial properties, multifamily rental projects, hotels, cooperatives and condominiums, golf courses, medical and hospital facilities, nursing homes and assisted-living facilities situated throughout the United States.  We have also been involved in structuring creative forms of financing methods, such as shared-appreciation mortgages, complex participation arrangements and tax-exempt debt financings.  Our legal team routinely handles legal aspects of the following types of financings:

·         permanent and interim loans (including loans to be securitized)

·         construction loans

·         mezzanine loans

·         preferred equity financings

·         tax-exempt financings

·         revolving-credit financings

·         loans backed by credit leases

·         various types of syndications and other capital market transactions

For further information, please contact:

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Workouts and Restructuring

Anderson Kill represents a broad range of financial institutions, institutional investors, debt investors, finance companies, owners and developers in real estate workouts, restructurings and foreclosures, both in and out of bankruptcy.  The firm’s real estate, tax, environmental and litigation attorneys work closely together to advise our lending clients and other real estate investors, as well as borrowers, in dealing with troubled and defaulted loans and distressed real estate, and in acquiring, restructuring and foreclosing real estate loans and in leasing and selling acquired properties.  In matters where litigation is necessary to resolve debt and related problems, we offer responsive and effective service at all levels, including alternative dispute resolution, prejudgment remedies, trial and appellate.

For further information, please contact:

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Insurance Coverage Disputes

Anderson Kill has extensive experience in representing building owners, developers and contractors in securing insurance recoveries for property losses and in securing defense and indemnification for liability resulting from accidents and construction defects in connection with real estate development.  The firm’s insurance recovery attorneys have represented clients seeking “first party” insurance recoveries for losses ranging from natural disasters such as Hurricane Katrina, the World Trade Center attack and the invasion of Panama.  The firm also has represented builders and developers seeking defense and indemnity for liability claims stemming from defective building materials, faulty workmanship and other causes.  Our reputation as one of the top policyholder insurance recovery firms in the nation, combined with our experience in representing property owners, developers and contractors, often enables us to settle real estate and construction insurance claims prior to or in the early stages of litigation, thus maximizing our clients’ recoveries.  Our attorneys also have considerable experience in working with insurance consultants for owners, developers and tenants undertaking significant construction and renovation projects to identify and evaluate specific insurance coverages for construction related risks.

For further information, please contact:

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Environmental Risk-Management Services

As a full-service law firm, Anderson Kill provides comprehensive environmental legal and risk-management services relating to real estate and corporate transactions as well as dispute resolution.  Our experienced attorneys regularly assist clients with a variety of routine and complex environmental regulatory matters.  The firm has considerable experience in CERCLA, RCRA and Brownfield and voluntary or risk-based cleanup programs as well as with implementing institutional controls and other risk-management solutions to address lingering liabilities and indemnification obligations.  Anderson Kill's environmental services also include clean-energy initiatives and Green Building construction and risk evaluation.  Our attorneys’ experience and technical backgrounds provide clients with a particular advantage when dealing with consultants and other technical experts.

For further information, please contact:

John G. Nevius, Esq., P.E., (212) 278-1508 or jnevius@andersonkill.com.

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Real Estate and Zoning Litigation and Dispute Resolution

Anderson Kill’s real estate litigators represent owners, developers, commercial tenants, commercial landlords, contractors, architects and governmental agencies in real estate and zoning disputes.  Our attorneys handle all facets of litigation and have extensive experience both conducting trials involving real estate and construction matters and handling appeals. For a broader discussion of our Construction Litigation, please see Construction Litigation.

We also advocate our clients' positions in non-litigation settings. We have successfully resolved numerous disputes through mediation, arbitration and settlement negotiations.  We attempt to resolve disputes without litigation and in accordance with the overriding business purposes of our clients by utilizing the firm’s transactional and real estate litigation experience.  When disputes cannot be resolved informally, by settlement or other alternative dispute resolution, we have successfully handled multi-week court trials and arbitration hearings, and both pre-trial and post-trial appeals.

Some of the areas in which we have handled litigation include:

	Commercial lease disputes			Surrender and acceptance
	Lease renewal controversies and provision disputes			Non-payment
	Contract disputes, including disputes involving contracts of sale and zoning lot development agreements			Holdover by tenants and sub-tenants
	“Yellowstone” injunctions (tolling cure periods)			Evaluation of property, including government takings
	Constructive eviction			Challenges to zoning decisions
	Warranty of habitability			Permitted uses under zoning regulations
	Environmental Review issues (SEQRA and CEQR statutes)			Mitchell-Lama
	Purchase & Sale Agreement disputes			Judicial Foreclosure, Wrongful Foreclosure and Slander of Title Disputes
	Construction Loan disputes			Private money loan disputes
	Land Entitlement disputes			Provisional Remedies, including Receiverships, Writs of Attachment, and Injunctive Relief

For further information, please contact:

John M. O’Connor, (212) 278-1014 or joconnor@andersonkill.com
Jeffrey E. Glen, (212) 278-1009 or jglen@andersonkill.com
Lawrence J. Bartelemucci, (212) 278-1883 or lbartelemucci@andersonkill.com
Kevin J. Connolly, (212) 278-1471 or kconnolly@andersonkill.com

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State and Local Tax and Finance Benefit Programs

Anderson Kill has extensive experience in dealing with various government agencies of the State and City of New York with respect to obtaining public benefits in connection with our clients’ commercial real estate needs.  These benefits include real estate tax exemptions and abatements, mortgage recording tax exemptions and deductions, tax free municipal bond financing, sales tax exemptions, and loans backed by various local and state government agencies that are obtained under the Industrial and Commercial Incentive Programs, the local Industrial Development Agency, and various other governmental agencies.

For further information, please contact:

Thomas A. Neufeld, (212) 278-1840 or tneufeld@andersonkill.com

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