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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
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:
Thomas R. Petty, (202)
416-6541 or tpetty@andersonkill.com
Thomas A. Neufeld, (212) 278-1840 or
tneufeld@andersonkill.com
James P. Cullen, (212) 278-1565 or
jcullen@andersonkill.com
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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:
Thomas A. Neufeld, (212)
278-1840 or
tneufeld@andersonkill.com
Thomas R. Petty, (202) 416-6541 or
tpetty@andersonkill.comBack to Top

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:

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City Planning Commission approvals
and variances for nursing homes' expansions and renovations
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City Planning Commission approvals
for major mixed-use development on behalf of public agency
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City Planning Commission approvals
for residential development project on 25-acre site
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Advice to major operator of
self-storage facilities regarding development potential on site subject to
previous City Planning Commission
approvals
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Advice to
commercial
property owners regarding various issues associated with property ownership in
New York City
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Transactions involving transfers
of development rights
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City Planning Commission approvals
of changes to public plaza design
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Advice to prospective purchasers
regarding permitted uses development potential of properties
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Represented cooperative
board in dispute with cooperator over proposed use in building
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Represented
hotel
owner in City Planning Commission approval of redesign of plaza space that
generated zoning bonus |
For further information, please contact:
Robert S. Cook, Jr., (212)
278-1203 or rcook@andersonkill.comBack to Top

Construction, Development,
Design and Planning
The firm
offers a broad range of services to clients contemplating and undertaking
construction and renovation projects. We represent land owners, real estate
developers, tenants, constructors, design professionals, financial services
companies, investors and lenders in numerous development projects. Among
the many construction projects with which the firm has had considerable
experience are: hospitals, schools, office buildings, residential
apartments and condominiums, data centers, water treatment plants and
combined-use structures incorporating residential, retail and office
towers.
Development of mixed use projects utilizing
air rights in urban settings is a strength of the firm. We have extensive
experience drafting and negotiating long-term ground leases and development
agreements that bring these projects from concept to reality.
We offer assistance to not-for-profit
organizations seeking to develop or fit out facilities to meet their mission
requirements. We bring practical insights into the programming,
construction, and tax exempt concerns of hospitals, schools and charities
using our decades of experience providing real estate services to such
entities.
Some of the areas in which we have assisted
clients include:

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City Planning Commission approvals
and variances for nursing homes' expansions and renovations
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City Planning Commission approvals
for major mixed-use development on behalf of public agency
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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
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Electric transformer vault
agreements
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Declarations of Covenants,
Conditions and Restrictions, conservation easements and other easement
agreements
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Development agreements for
combined occupancy structures using “air rights” leases and other
development rights vehicles
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Mechanic's lien filing and
release
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Preventing, litigating and
responding to claims relating to mechanic's liens
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Owner’s representative
agreements to oversee multiple construction phases
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Retainage release issues
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Asbestos and other hazardous
waste abatement programs
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Advance payment procedures
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Demolition contracts
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Trade contractor bankruptcies
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Specific issues related to
demolition, renovation and construction of infrastructure components, such
as tunnels and bridges in franchised and de-mapped space
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Payment workouts, including
constructive trust issues
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Special permit issues
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Design errors and omissions
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Bidder prequalification
procedures
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Delay claims negotiation and
litigation
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Relocation planning
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Change order negotiations,
including scope disputes
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Construction coordination
between adjoining landowners concerning access, party walls and protection
of property
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Property damage claims
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Off-site materials and
equipment storage arrangements
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Warranty issues
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Specialty equipment
procurement and installation agreements
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Mock-up protocols and tests,
including those affecting curtain walls
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Closeout procedures
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Partial turnover agreements
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Development and maintenance of
risk management policies and procedures, including specification of
insurance coverage and oversight of "wrap-up" programs
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Punchlist administration
issues
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Claims against sureties under
payment and performance bonds
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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:
Thomas R. Petty, a LEED®
Accredited Professional, (202) 416-6541 or
tpetty@andersonkill.com
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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:
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permanent
and interim loans (including loans to be securitized)
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construction loans
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mezzanine loans
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preferred equity
financings
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tax-exempt
financings
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revolving-credit financings
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loans backed by credit leases
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various types of
syndications and other capital market
transactions
For further information, please contact:
Thomas R. Petty, (202)
416-6541 or tpetty@andersonkill.com
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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:
Thomas R. Petty, (202)
416-6541 or tpetty@andersonkill.com
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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:
Kevin J. Connolly, (212)
278-1471 or kconnolly@andersonkill.com
Lawrence J. Bartelemucci, (212) 278-1883 or
lbartelemucci@andersonkill.com
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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:
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
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Construction Litigation and Dispute Resolution
Property owners, contractors and architects
have all benefited from the experience and skill that Anderson Kill
attorneys bring to resolving construction disputes. In construction, the
main focus must always be on completing the job, in a timely manner, and
with as few lingering and expensive disputes as possible. With that focus in
mind, Anderson Kill attempts to resolve disputes without litigation and in
accordance with the overriding business purposes of its clients.
Consultation between the firm’s litigators and those Anderson Kill attorneys
who have extensive transactional experience in pre-construction and
construction areas, provides a very valuable asset in assisting clients in
resolving these disputes without litigation.
Where construction disputes cannot be
resolved informally, by settlement or other alternative dispute resolution,
Anderson Kill attorneys have successfully handled multi-week court trials
and arbitration hearings, as well as both pre-trial and post trial appeals,
including appeals in the New York Court of Appeals.
Our attorneys handle matters such as:
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Defective
materials used in construction
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Faulty design or construction
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Claims for “extra” work and
scope changes
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Disputes over contract terms
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Claims that the work was
delayed or not timely completed
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“Liquidation agreements”
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Architect licensing inquiries
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Mechanics’ liens
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Payment and Performance Bond
disputes
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Casualty
loss
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Construction trust disputes
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Environmental
Control Board hearings
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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