The Squire Sanders Real Estate Practice Group provides comprehensive global services to clients engaged in all aspects of real estate transactions, from acquisition, planning and construction through disposition of properties.
Our clients include:
Areas of Expertise
- Property management companies
- Public and private commercial and residential developers and investors
- Institutional investors and managers
- Nonprofit organizations
- Educational institutions
- Energy and utility companies
- Foreign and domestic investors
- Financial institutions
- Government entities
- Healthcare organizations
- Hotel and leisure resorts
- Insurers and underwriters
Our real estate practice encompasses initial planning, acquisition, financing, investment, development, construction, leasing, management and sales. Our services range from providing counsel in contract negotiations during the acquisition phase to resolving technical issues during the construction phase, to assisting the client with management and leasing issues during the operations phase. We also represent clients in connection with the resolution of troubled real estate loans and leases including foreclosures and related litigation, loan and lease renegotiations, post-petition financing, refinancing and loan workouts and restructurings.
We assist developers in the acquisition, development, funding and leasing of commercial, mixed-use and residential properties and developments. Additionally, we act on behalf of leading economic and community development and regeneration organizations, handing some of the most high-profile projects of the last decade. In the corporate context, we represent clients that own or occupy office, retail, industrial and hotel premises in their operational needs.
We advise investors, developers and funders in connection with the acquisition, funding, leasing and disposition of both individual properties and portfolios, structuring and finalizing real estate transactions for clients around the globe. We handle the full spectrum of issues encountered in successfully closing a transaction – negotiating contracts, completing due diligence, documenting deals and resolving disputes.
Our lawyers take innovative approaches to addressing the rapidly changing political and business climates and legal regulations that shape the real estate arena. We apply carefully considered strategies to facilitate maximum results in our clients’ real estate transactions and assist them with achieving their long-term strategic goals. We address the full range of business, legal and regulatory challenges including tax, environmental, public finance and legislative matters that may impact the long-term success of our clients’ real estate transactions or projects.
Our real estate representations include:
- Compulsory/eminent domain purchases
- Corporate real estate acquisitions, dispositions and divestitures
- Environmental compliance
- Health requirements and concerns
- Property tax structuring
- Public/private transactions
- Regeneration/economic and community redevelopment
- Regulatory compliance
- Secured and structured lending
- Mezzanine and equity finance
- Bankruptcy, insolvency and reorganizations
- Utilities issues
We advise clients on the full range of project management and procurement issues, their documentation and tax implications. We are particularly skilled at risk management and dispute resolution including adjudication and litigation, as well as all forms of alternative dispute resolution including arbitration and mediation.
With offices throughout the United States, Europe, Latin America and Asia, we are strategically located and have the resources to address all matters impacting construction including:
- Procurement and contracts
- Project development and finance
- Dispute avoidance and resolution
- Adjudication and litigation
- Project finance initiatives and public private partnerships (PFIs/PPPs)
Our construction team combines sound legal advice with industry know-how in the following sectors:
Planning and Development Approvals
- Oil and gas
- Power generation and utilities
- Property development
- Public sector and government
- Renewable energy
Our strategic advisory services include representing clients on project and development approvals and permitting, infrastructure projects, compulsory purchase matters, and planning and highway agreements. Our skillful team of advocates asserts and defends client interests in judicial reviews, court challenges and enforcement proceedings.
We regularly act on a variety of proposals including major infrastructure proposals; urban development/regeneration projects; energy generation, transmission and distribution; and retail, business, industrial, distribution, residential and leisure developments or projects. The scope of our work also includes:
- Advising on compulsory purchases and compensation
- Providing advocacy services
- Negotiating and drafting planning agreements
- Obtaining required government approvals
- Counseling with respect to tax incentives
- Assuring regulatory compliance
- Acting on behalf of power generation companies and electricity undertakers to secure consents for new power stations
- Counseling with respect to lines and necessary wayleaves to retain existing lines
Experiencia en el Ejercicio
- Representing the city of Phoenix, Arizona in the negotiation of development rights with the Rouse Company for a large regional retail shopping center comprising several parcels owned by the city. The parcels are being developed by Rouse in stages.
- Serving as counsel to the target, a major Southwest regional mall developer, in its US$1.4 billion sale to a public REIT.
- Representing Desert Mountain, the largest planned golf community in the United States, in a class action lawsuit in an Arizona state court. Club members wanted equity ownership in the club, refunds on monthly dues and golf fees, a reduced membership cap and limits on further site development. The club faced a potential 5,000-member class action and hundreds of millions of dollars in exposure with claims dating back to 1987. Based on motions developed by Squire Sanders, the court denied class certification and entered judgment in favor of our client on many of the claims. At the same time, club members began to dismiss their claims and embraced the operation of the club. Immediately before beginning a jury trial scheduled to run for two months dealing with the remaining 50 plaintiffs, the case was settled. Lawyers from our Phoenix, Cleveland and Washington DC offices worked together on the case.
- Representing an Ohio-based insurance company and the community development arm of an Ohio-based bank in their New Markets Tax Credits investment of approximately US$7 million in developers of for-sale affordable housing in Central Ohio.
- Representing an NMTC community development entity in connection with its US$10 million loan to Tulane University for the expansion of its student union.
- Advising a UK-based supermarket chain in all matters relating to land acquisition for the purposes of construction of a retail hypermarket in the Slovak Republic.
- Obtaining favorable settlement on just the third day of trial on behalf of a Florida-based realty company. The claim was for real estate commissions, which are rather important in Florida, against a Miami real estate developer. This case was unusual because it was based on an oral contract with the developer to protect the broker by assuring that any real estate contract for which the broker was the procuring cause would contain a provision entitling the broker to a commission paid for by the seller. Further, the broker had no contact with the seller other than learning of the offering price, and the property was being offered by the seller on a no-broker basis. The defendants urged that this was a disguised claim under a guarantee barred by the Statute of Frauds; they also denied that the broker had even showed the developer the property. The defendants settled for an amount six times their original offer before trial started.
- Representing the largest regional shopping mall developer in the Southwest United States in the expansion of an Arizona fashion mall as the cornerstone of a new water front project. Our representation involved structuring, negotiation and documentation of the land acquisition and development agreements for a new high-end department store, a retail shopping bridge that will span Camelback Road, the leasing of two parking garages containing 2,000 parking spaces and the aerial bridge over Camelback Road connecting the garage structures.
- Representing a city in the negotiation of a residential development agreement. The development agreement also provided for the construction of a public-play golf course. Our work for the city included the preparation of a ground lease and operating agreement to provide for the construction and operation of the golf course by a private operator.
- Advising Egypt's government and the United States Agency of International Development (USAID) regarding a tourism restructuring project. We provided counsel and legal advice concerning privatization, industry and regulatory restructuring, licensing issues and implementation of legislation, counseling USAID and the Egyptian government directly.
Casos de estudio
Our client, a Minnesota-based construction company, filed a claim against a Native American tribe in a tribal court for payment of monies due on construction contracts. The tribal court not only ruled against our client but entered judgment against i...
Situation:Cedar Fair, L.P., learned that CBS intended to sell its five US and Canadian Paramount amusement parks through an auction process. If Cedar Fair were able to acquire these parks, it could approximately double its holdings.Challenge:Cedar Fa...
Squire Sanders’ work in the hospitality industry ranges from solving easement disputes and class actions to handling potentially expensive contests with individual guests. For a world-renowned hotel, we responded to one of the largest construction li...