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Real Estate Developers
INDUSTRY TEAM
ALBANY Major national mall developers and other commercial and housing developers have counted on our
BUFFALO attorneys’ vast knowledge of financing and public incentives and our comprehensive approach to plan
ITHACA development to complete some of the most recognizable projects in New York state. Additionally, our
NEW YORK CITY firm’s professional consultants have solved challenging community relations issues to help keep large
NIAGARA FALLS real estate projects moving forward to their successful completion.
ROCHESTER
Harris Beach attorneys have extensive experience representing a wide range of developers
SARATOGA SPRINGS on real property matters ranging from acquisition, financing, and development through
SYRACUSE environmental, land use/zoning, leasing, and dispositions.
UNIONDALE Our services include:
WHITE PLAINS Project Representation
YONKERS • Acquisitions and Dispositions • Securities Law
NEWARK, NJ
• Reciprocal Easements and Other Agreements • Corporate Law and Tax Planning
• Environmental Due Diligence and Remediation • Contract Development and Review
NEW HAVEN , CT
• Permitting, Zoning/Land Use Planning • Construction and Surety, and Bid Process
• Financing and Refinancing • Condominium and Homeowner
• Structuring Ownership/Equity Arrangements Association Formation
and Other Investment Vehicle Structures
Economic Development Incentives
• Brownfield Redevelopment • Tax Incentives
• Low Income Housing
Litigation
• Contract Enforcement • Bankruptcy Support
• Condemnation and Evictions • Real Property Disputes
• Construction Disputes
Ongoing Operational Representation
• Collections • Leasing
• Compliance • Our Consulting Services
• Labor and Employment
PROJECT REPRESENTATION
Acquisitions and Dispositions
Harris Beach has been involved with many of the major real estate development projects
that have occurred throughout the state. We represent developers in all aspects of property
acquisitions and dispositions for the development of strip malls, commercial office parks,
commercial industrial parks, lakeside commerce parks, waterfront housing projects, multi-
housing developments, continuous care retirement communities, and other types of projects.
Further, we assist our clients in accessing economic development incentives from governmental
and quasi-governmental agencies.
www.harrisbeach.com
This may be considered Attorney Advertising
under the rules of Professional Conduct.
We routinely prepare, review, Permitting, Zoning/Land Use Planning as general counsel, providing a full
and negotiate options to purchase Harris Beach has represented developers range of legal services to meet all of the
easements, conservation easements, in transactions involving architectural developer’s corporate and business law
utility easements, and municipal and construction negotiation with local requirements. These services include
easements. Our attorneys work with governments to secure all necessary contractual matters, proprietary rights,
governmental agencies and authorities approvals, including zoning, subdivision, antitrust matters, general business
in connection with the negotiation and and SEQRA environmental approvals. transactions, financial planning matters,
execution of conservation easements, We have also challenged adverse land mergers and acquisitions, divestitures,
and have negotiated environmental use determinations through Article 78 and refinancings, as well as other issues
easements for numerous Brownfield proceedings. Many of these projects related to the effective and efficient
projects throughout New York state. have been enhanced through the use operation of these entities. We also
of federal, state, and local economic recognize that tax planning goes
Reciprocal Easements and development incentives. beyond routine compliance and
Other Agreements preparation of returns, and provide
Harris Beach is experienced in Financing and Refinancing advice and guidance on the tax
helping clients resolve numerous Harris Beach attorneys structure implications associated with operations
zoning and regulatory issues that and negotiate financial transactions and transactions.
often arise in the course of land use including securities offerings, venture
applications. This includes supporting capital, mezzanine financing, bond Contract Development and Review
real estate developers by negotiating financings, and conventional institutional As solid, well-crafted agreements
and obtaining reciprocal easement financings including construction loan are the foundation for successful
agreements, all types of municipal financing transactions. Our attorneys projects, we pay close attention to
agreements, developer agreements have extensive refinancing experience important contractual provisions to
with municipalities for the site in restructuring equity investments in, protect our clients’ interests, including
and access to sewer and water, or debt on, distressed properties. We scope of work, time of performance,
highway access and occupancy, handle transactions that include “equity basic duties, warranties, change
construction and permanent kickers,” arrangements that allow for orders and extras, hold harmless and
financing, and property dispositions. shared appreciation or equity conversion indemnification clauses, payment
for financial restructuring and workouts. terms, retainage and project closeout.
Environmental Due Diligence Our attorneys are also familiar with
and Remediation Structuring Ownership/Equity the various triggering events implicated
Our environmental attorneys have Arrangements and Other under the default and termination
decades of experience interpreting Investment Vehicle Structures provisions of construction contracts.
applicable regulations under local, We offer legal counsel in the formation
state, and federal law as it relates of syndications, and partnerships, Construction and Surety, and
to environmental reviews, zoning construction and permanent financing, Bid Process
issues and land use matters, including tax-exempt and taxable bond financing Over the past 15 years, Harris Beach
wastewater treatment and discharge. options, sale and leaseback transactions, has been involved in billions of dollars
We counsel clients on conducting synthetic leases, and securitized or of public and private construction
required environmental reviews (as a structured finance, such as REITs, projects. Owners, contractors, design
prerequisite to zoning and other land REMICs, and commercial mortgage- professionals, and sureties have come
use decisions) including compliance backed securities. Our attorneys have to rely upon our firm for practical
with the New York State Environ- represented a variety of developers, and effective representation aimed at
mental Quality Review Act (SEQRA) including a major national commercial minimizing the impact of construction
and the federal counterpart, the and retail property developer, in project disputes. We protect our
National Environmental Policy Act. securitized or structured finance clients’ interests beginning with the
We also negotiate and structure transactions which require handling bidding and contracting phases, through
risk transfer transactions. Our rated single asset mortgage loans, financing, zoning, permitting and
representation includes preparing complex trust and servicing agreements, contract administration, to help keep
environmental review documentation, and private REITs. their projects moving forward to their
preparing for and, when appropriate, successful completion.
attending public hearings and preparing Securities Law
findings and determinations for our Harris Beach has significant experience Condominium and Homeowner
clients. We have assisted clients on with securities transactions. We Association Formation
environmental reviews for a wide range represent issuers, placement agents, Harris Beach attorneys have experience
of development initiatives including solid underwriters and investors in private forming homeowner associations
and hazardous waste facilities, ethanol placements, public offerings and real for single family, patio home and
and wind farm projects, power plants, estate syndications in transactions townhome associations and preparing
regional transportation facilities, and involving equity, debt, and asset-backed and filing condominium offering
commercial developments including securities. plans for residential, commercial and
office, recreational and convention mixed-used developments as well
Corporate Law and Tax Planning as CPS-7 applications (requesting
center facilities. Recognizing that most of the major exemption from filing requirements
developers are privately-held for subdivisions having de minimus
businesses, Harris Beach typically acts
common elements). Our attorneys also
have experience preparing declarations
of covenants, restrictions, and by-laws
for commercial, residential, and mixed
use projects.
ECONOMIC DEVELOPMENT
INCENTIVES
Harris Beach is a leading New York Tax Incentives and/or offers and negotiations in
state law firm in economic development Harris Beach attorneys provide a full acquiring the property. We also
with a strong reputation for leveraging range of services to facilitate identifying, represent landlords in tenant evictions.
the full range of fiscal incentives and securing, and managing economic
development incentive programs for Construction Disputes
structuring opportunities. We have
our clients. This includes working When warranted, we have also litigated
enhanced many of our clients’ projects
closely with Industrial Development numerous matters for our clients
through the use of federal, state, and
Agencies (IDAs) and Local Development arising from disputes with architects,
local economic development incentives
Corporations (LDCs) who provide engineers, construction managers
including the Excelsior Program, (NYS)
financial assistance to private entities and general contractors. With regard
Rehabilitation Tax Credit, Federal
through tax incentives in order to to architects and engineers, this
Historic Rehabilitation Tax Credit,
promote the economic welfare of includes liability for poor design, faulty
New Markets Tax Credit Program,
a municipality. Our attorneys have testing, inaccurate cost estimates,
NYSERDA and Power Authority
authored “The Harris Beach Economic lack of supervision and inspection,
economic development programs,
Development Handbook” which lack of scheduling and coordination,
other Empire State Development
contains information on the full array inappropriate certifying of progress
programs, and the following which
of federal, state, and local incentives payments and other disputes. For
may be of particular interest:
available to our clients. general contractors and/or construction
Brownfield Redevelopment managers, this similarly includes liability
Harris Beach has extensive experience for faulty construction, inaccurate,
LITIGATION
forming brownfield redevelopment failures of cost estimates, supervision
joint ventures and assisting owners of Contract Enforcement and inspection, lack of proper
brownfield properties to package their Harris Beach attorneys handle all scheduling and defective coordination,
holdings for bulk sale to institutional types of contract disputes from simple and certification of progress payments.
investors. Our attorneys also help breach of contract to complex litigation
involving multiple layers of relationships Bankruptcy Support
buyers obtain the necessary liability
and extensively detailed agreements. Harris Beach represents clients in all
releases available through state
Our attorneys have a reputation for forms of bankruptcy matters. Our
brownfield programs. We provide
ardent and effective prosecution and attorneys represent clients seeking to
counsel on the program requirements,
defense of indemnification claims, purchase assets through or outside
help secure funding sources, work
mechanic’s liens, and bond claims for a of the bankruptcy process. We assist
with consultants on appropriate
large cross-section of public and private landlords in filing notices of claims,
remedial measures, and structure the
sector clients. We also handle a broad and in sales of specific credits or
sale or acquisition transactions for
spectrum of surety matters, including entire portfolios of troubled assets
maximum program benefits, such as
default terminations, construction and tenant bankruptcies. We also
the brownfield redevelopment tax
claims, contract bond defaults, bad faith work with bankruptcy trustees in
credits for those that have been issued
claims, and performance and payment connection with reaffirming leases.
a certificate of completion, tax credit
bond disputes. Harris Beach attorneys Firm attorneys also defend our clients
for remediated brownfields, which can
have extensive experience negotiating against preference and fraudulent
eliminate some or all of the brownfield
completion agreements, takeover conveyance claims brought against
site’s real property taxes, and environ-
agreements and other construction/ them in bankruptcy and state courts.
mental remediation insurance credit. Additionally, we assist our clients in the
surety matters.
Low Income Housing purchase of distressed projects out
Our experience representing developers Condemnation and Evictions of bankruptcy.
in transactions involving the low income- Harris Beach represents private
companies, municipalities, and Real Property Disputes
housing credits allowed by Section 42 Harris Beach attorneys represent
of the Internal Revenue Code of 1986 authorities in condemnation
proceedings under New York’s clients in land title disputes, foreclosure
covers virtually all aspects of credit actions, deed-in-lieu transactions,
transactions. One aspect of these Eminent Domain Procedure Laws.
We often represent the condemning tax assessment proceedings,
transactions is representing developers condemnation actions, zoning appeals,
and builders who build or renovate authority against any challenges of the
determinations and findings and assist landlord and tenant disputes, and
apartments qualifying for the credits. disposition of mechanic’s liens.
in all aspects of any litigation where
claimants seek additional compensation
ONGOING OPERATIONAL concerning project labor agreements,
REPRESENTATION prevailing wage issues, Department Office Locations
of Labor investigations, 1-9 audits, 800-685-1429
Collections discrimination claims, strikes, boycotts,
Collections is a key component of our ALBANY
picketing and labor disturbances and 677 BROADWAY, SUITE 1101
Financial Restructuring, Bankruptcy, attendant disruptions at the work ALBANY, NY 12207
and Creditor Rights’ practice, and our site, issues arising from construction 518-427-9700
knowledge of bankruptcy gives us an accidents, OSHA issues and hearings
edge in negotiations and allows us to BUFFALO
and union issues related to building LARKIN AT EXCHANGE
better advise our clients regarding operations and maintenance. 726 EXCHANGE STREET, SUITE 1000
their rights as creditors. Harris Beach
BUFFALO, NY 14210
provides comprehensive collection Leasing 716-200-5050
of secured and unsecured debt, legal, Harris Beach represents developers
and collateral recovery services to ITHACA
in structuring and negotiating a variety
119 EAST SENECA STREET
financial institutions, governmental of lease transactions, including ground ITHACA, NY 14585
agencies, and businesses with retail and leases, turnkey leases, build-to-suit leases, 607-273-6444
commercial accounts. Our unsecured tenant improvement allowance leases,
debt collection experience includes NEW HAVEN, CT
subleases, office leases, warehouse and
195 CHURCH STREET, 18TH FLOOR
retail installment contracts, all matters industrial leases, manufacturing facility NEW HAVEN, CT 06509
of bank debt, promissory notes, lines of leases and retail leases, as well as signage 203-784-3159
credit, overdrafts, defaulted collections, rights and traffic impacts.
defaulted leases, and insurance NEW YORK CITY
Our Consulting Services 100 WALL STREET
premiums. We help clients reduce
NEW YORK, NY 10005
delinquency, minimize losses, increase Harris Beach recognizes that client
212-687-0100
recovery, and improve their cash flow. solutions often involve more than
just legal needs. From time to time, NEWARK, NJ
Compliance our firm’s professional consulting ONE GATEWAY CENTER, SUITE 2500
Recent federal and state landmark subsidiary, HB Solutions LLC, is NEWARK, NJ 07102
legislation and increased scrutiny 973-848-1244
called upon to complement our legal
in the areas of ethics, compliance, services or as standalone services for NIAGARA FALLS
lobbying and procurement have real estate developers. 800 MAIN STREET, 4TH FLOOR, SUITE B
caused even the most diligent NIAGARA FALLS, NY 14302
organizations and executives to HB Solutions helps developers manage 716-285-1535
continually re-evaluate and update the multi-dimensional aspects of major ROCHESTER
their procurement protocols, economic development initiatives, 99 GARNSEY ROAD
contractor vetting processes, such as mall developments and PITTSFORD, NY 14534
risk assessment and management expansions. Our communications 585-419-8800
systems, and internal investigation professionals have a proven track record THE GRANITE BUILDING
capabilities. Our highly credentialed of building consensus among developers, 130 EAST MAIN STREET
team’s strong prosecutorial and municipalities, and communities to help ROCHESTER, NY 14604
585-419-8800
ethics backgrounds, including a ensure a project’s success.
former Executive Director of the SARATOGA SPRINGS
New York State Ethics Commission, 358 BROADWAY, SUITE 307
have made Harris Beach the firm SARATOGA SPRINGS, NY 12866
518-587-0551
of choice that organizations of all For more information on how
sizes call upon to handle their high- SYRACUSE
risk, high-visibility federal and state Harris Beach can help your 333 WEST WASHINGTON STREET, SUITE 200
investigation and compliance matters. organization, please contact: SYRACUSE, NY 13202
315-423-7100
Labor and Employment Charles W. Russell UNIONDALE
Harris Beach attorneys can assist crussell@harrisbeach.com THE OMNI
developers with all aspects of 333 EARLE OVINGTON BLVD, SUITE 901
585-419-8635
their labor and employment issues UNIONDALE, NY 11553
which might arise with contractors, or 800-685-1429 516-880-8484
construction companies, unions, and WHITE PLAINS
property and building management 445 HAMILTON AVENUE, SUITE 1206
Images used are stock photography. 5/12
firms. Examples include, but are not WHITE PLAINS, NY 10601
limited to, counseling on all matters 914-683-1200
YONKERS
N-VALLEY TECHNOLOGY CENTER
470 NEPPERHAN AVENUE, SUITE 320
YONKERS, NY 10701
914-729-0263
