Construction

Experience

Within our extensive real estate practice, we routinely provide advice on construction-related matters. We have represented owners, architects, engineers, developers and other construction participants (including lenders and investors) in an array of transactions, disputes and regulatory developments, including:

• contract preparation and negotiation;
• access agreement negotiation and dispute resolution under New York Real Property Law 881;
• project controls and best practices;
• claims avoidance and management;
• construction litigation and mediation;
• strategies for achieving sustainability objectives; and
• regulatory compliance.

We also have an extensive real estate leasing practice and routinely negotiate work letters for interior fit-out projects, giving us a depth of experience from the contractor's, landlord’s and tenant’s perspective.

Representative Matters

• Represented ULLICO in a $420 million construction loan to the developers (a joint venture of Brookfield Properties and G&S Investors) for Phase 2 of Hudson Exchange in Jersey City, NJ. The project consists of approximately 800 residential units, a Shop-Rite as anchor tenant plus 115,000 sf of additional retail and green space tied to the Sixth Street Embankment, an elevated rail line.
• Represented SCALE Lending in a $170 million construction loan to Terra for phase one of the Upland Park project in West Miami-Dade County (Florida). The loan will be utilized for construction of 578 multifamily apartments with a 2025 start date. Upland Park is envisioned as a $1 billion mixed-use community, and is being billed as the largest public-private transit-oriented development in the area’s history. 
• Represented the NAACP Legal Defense Fund in the acquisition of a commercial condominium located at 40 Rector Street in the downtown financial district, the build out of the space for their new corporate and legal services offices and the sale of their prior corporate headquarters at 99 Hudson Street.
• Represented the Metropolitan College of New York in the acquisition from Phillips International a 110,000 square foot commercial condominium and development of a new student campus and executive offices at 40 Rector Street, New York, with the proceeds of $70 million tax-exempt "Build NYC" program bond financing and negotiation with Trinity Real Estate for acquisition and surrender of MCNY's existing lease of MCNY existing campus premises located at Canal and Varick Streets.
• Represented the Trustees of Saint Patrick's Cathedral in connection with the $170 Million dollar renovation of a national landmark, including the negotiation of contracts with the construction manager, scaffolding contractor and architect.
• Represented the receiver of a partially-completed major residential project in Lower Manhattan. This landmark tower in the financial district went into foreclosure while it was in the process of being converted from office to a residential use with ground floor restaurants and retail tenants.  We worked with the receiver to engage a new construction manager and retain key subcontractors with essential knowledge of the project so as to minimize downtime in the progress of the work.
• Negotiated a new construction management agreement at 3 Columbus Circle with Tishman Construction.
• Represented a real estate investment advisory firm in closing on the restructuring of a joint venture with The Witkoff Group and represented their joint venture in the negotiation of a $230,000,000 construction loan in connection with the construction of 91 high-end condominium units plus retail and amenity space located at 150 Charles Street.
• Represented the lender in connection with a $26,500,000 construction loan to finance the construction of a 103-unit residential apartment building in downtown Brooklyn. The project was subject to a 421-a property tax exemption.
• Advised the lender in its $18,200,000 construction loan to East Houston Development LLC in connection with their construction of a 78-unit multifamily affordable housing development in the East Village, including the negotiation of 421-a provisions and an SNDA with HPD in connection with HPD's grant of, among other things, additional air rights to the project.
• Served as lead counsel to the New Jersey Sports and Exposition Authority in connection with the redevelopment of the Meadowlands Sports Complex with a mixed-use entertainment retail complex and stadium for the New York Giants and New York Jets National Football League franchises. This engagement required the negotiation of a detailed construction coordination agreement to permit $3 billion worth of construction to unfold while simultaneously allowing for continuous public access to the Meadowlands sports facilities, including the provision of parking and other commitments to the sports teams while ensuring the public’s safety.
• Outside counsel to a global financial institution in connection with construction projects throughout the United States and Puerto Rico, including the construction of retail branches, executive offices and high-tech data centers and command centers.
• Represented a regional developer in the negotiation of design and construction contracts for multiple major redevelopment projects, including mixed use residential-retail transit village project, landmark hotel and conference center and student housing projects.
• Counsel to a client in the fast-track negotiation of demolition contract to clear site of remains of landmark urban synagogue following partial destruction by fire. This engagement required expedited turnaround to ensure safety of neighboring buildings while providing secure access to the site to salvage priceless surviving items.
• Multiple engagements involving multi-family, retail and restaurant owners in the negotiation of design and construction contracts.
• Counsel in the negotiations and drafting of ground leases, development agreements and construction contracts for the building of such diverse projects as a senior citizen assisted living facility and a state office complex.
• In re: F.M. Renaissance LLC v. Crown Bank (Sup. Ct. of NJ) – Successfully defended bank client at trial against claims of anticipatory breach of commercial construction loan, while also securing a money judgment in favor of the bank on its counterclaim for costs and fees.