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:

• 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