Transactional

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Transactional

Haight’s Transactional Practice Group focuses on real estate development and corporate and business services by providing professional legal advice and assistance across a range of issues. Haight assists clients with the formation of business entities such as limited partnerships and limited liability companies, and represents them in all complex and significant transactions requiring legal counsel.

We provide clear, practical advice to help clients achieve their business goals, whether it involves a lease, a mega-development proposal, a complex joint venture or a securitized financing. Our diverse practice represents developers, financial sources, borrowers, operators, investors, landlords and tenants.

  • Real Estate Transactions
  • Corporate & Business Services

Haight’s Transactional Practice Group represents clients in all aspects of real estate development transactions.

We handle a wide array of transactions, including:

  • Real estate finance, including subordinate debt, real estate capital markets and fund-based financing
  • Draft and negotiate purchase and sale agreements for commercial and residential properties
  • Assist with due diligence in acquiring property
  • Structuring of corporations, joint ventures, partnerships and limited liability entities
  • Construction-related contracts
  • Commercial, retail, and industrial leasing: landlords and tenants
  • Parties who desire to implement 1031 tax free exchanges, including deferred exchanges, starker reverse exchanges and exchanges involving build-to-suit transactions
  • Prepare “specialized” real estate documentation, including condominium, homeowner association and timeshare documents, and all types of covenants, conditions and restrictions, as well as easement and related document review and preparation

Acquisition & Sales

Owners, investors, and developers benefit from our long experience in structuring and negotiating the sale, acquisition, financing, and development of large and small projects that have real estate as a primary or secondary component. We have provided counsel to major developers as well as those with a more limited involvement in real estate ventures, including international, national and local ventures.

Commercial & Corporate Property

Haight assists owners, developers and managers of real estate portfolios to finance, acquire, dispose of, restructure, lease; and, where necessary, foreclose on interests in real property. We also help identify and execute the right method for investment property ownership, including complex joint ventures and other structures. We make the most of tax incentives and tax-advantaged programs.

Construction

Haight brings a unique insight into the practices of the construction industry and offers legal services to contractors, developers, owners and others involved in real estate. We have served as general or special counsel on construction related matters for clients ranging from start-up entrepreneurial enterprises to established corporations and numerous public entities. For our clients, our attorneys have drafted and negotiated major construction agreements and fee-development agreements among and between architects, construction managers, developers, owners and contractors; multi-prime agreements; claim resolutions; change orders; access agreements. We have also represented clients in construction related litigation, arbitration and mediation matters, including actions under the appropriate construction lien law and the municipal mechanics’ lien law, and cost recovery actions, including delay claims, extras and change order litigation/arbitration. We also assist our clients to obtain construction permits as well as represent them before the State Contractor’s License Board, when the need arises.

Development & Construction

Many of the areas and the nation’s preeminent developers have hired us to ensure that their projects are successful. Our services include the structuring and negotiating of construction and development agreements involving office, residential, mixed-use properties. We have served as general or special counsel on related matters for clients ranging from start-up entrepreneurial enterprises to established, publicly listed corporations and numerous public entities. For our clients, our attorneys have drafted and negotiated major construction agreements among and between architects, construction managers, owners and contractors; developers, multi-prime agreements; claim resolutions; change orders; access agreements. We have also represented clients in construction related litigation, arbitration and mediation matters, including actions under the appropriate construction lien law and the municipal mechanics’ lien law, and cost recovery actions, including delay claims, extras and change order litigation/arbitration.

Joint Ventures & Transaction Components

As the number of participants, the size of a project, and its sophistication grow, so too does the need for advice of counsel experienced in complex, multi-party transactions. We work with clients to conceptualize and devise appropriate entities for the parties’ business relationship.

Leasing

Leasing specialization includes substantial experience in representing landlords, tenants, investors, developers and lenders, in connection with the leasing of office, retail and industrial properties. The Leasing Practice Team’s services include:

  • Preparation of lease forms for office, retail and industrial properties
  • Assisting national, regional and local retail chain-stores tenants in the review and negotiation in regional mall, power center, and grocery anchored shopping center leases throughout the United States
  • Coordination of retail and corporate client growth strategies, including financing, employment, trademark and licensing with related leasing activities
  • Assisting clients in build-to-suit lease and development agreements for office, retail and industrial facilities
  • Representation of shopping center owners, managers and developers in the leasing of in-line, anchor, out-parcel and special retail locations, including theater leases, athletic/health clubs, and restaurants
  • Due diligence review and synopsis of leases in the acquisition, financing and disposition of multiple-tenant properties and/or multiple location businesses
  • Assignment and subletting documentation, including review of underlying leases, and negotiation of leases or purchases of furniture, fixtures and equipment (FF&E)
  • Financing documentation including collateral assignments of lease, landlord waivers or subordinations and consents, leasehold mortgage financing provisions, and lease guaranties
  • Sale/lease-back, ground-leasing and other non-traditional financing mechanisms for the acquisition or development of property
  • Renewal, extension, expansion, right of first refusal and option to purchase documentation
  • Subordination, non-disturbance and attornment documentation
  • Conducting in-house seminars for clients on lease negotiation issues, skills and strategies
  • Due diligence review and synopsis of leases in the acquisition, financing and disposition of multiple-tenant properties and/or multiple location businesses
  • Coordination of legal work on related matters, including for example only architectural and construction contract review and negotiation;; and the coordination of such ancillary accounting, financial, engineering, environmental and other professional consulting services
  • Real estate lease litigation, including landlord/tenant disputes, brokerage commission disputes, dispossessory/eviction proceedings and related matters

Real Estate Finance

Our attorneys have been instrumental in procuring the financing of many major construction and land acquisition projects, to include the financing of many ground lease projects.

Title Review

Our attorneys are skilled in reviewing title to complicated properties and projects.

The Corporate and Business Services team of Haight’s Transactional Practice Group focuses on all areas of corporate law representing both public and private entities at all stages of formation and growth, including corporate restructure and dissolution. Haight represents a wide variety of businesses in every aspect of their operations including the creation of partnerships, corporations, limited liability companies and joint ventures. Haight lawyers also advise clients as to complex financing arrangements, fund creation and governance, mergers and acquisitions, compliance with state and federal securities laws, and secured transactions. Our tax attorneys expertly advise clients on all aspects of business transactions, including choice-of-entity matters, equity compensation, project and company finance transactions, and mergers and acquisitions.

Additional Transactional Capabilities:

  • Comprehensive corporate counseling
  • Entity selection and counseling
  • Private equity and venture capital
  • Taxation
  • State and federal securities compliance and advice
  • Employment agreements and profit sharing arrangements
  • Preparation of wills and trusts