Real Property, Development, Construction and Financing
Kotz Sangster provides complete legal services to clients working in every aspect of the real estate development industry, including governmental entities, contractors, operators, off-takers and suppliers in all stages of the development and implementation of projects. The services we offer include tax and liability structuring advice, labor advice and assistance with dispute resolution. Our lawyers have significant experience in the drafting and negotiation of various project development and implementation documentation including financing arrangements (at all stages), concessions, site acquisition agreements, documentary and standby letters of credit, engineering, procurement and construction agreements, supply agreements, power purchase agreements, interconnection agreements, and operation and maintenance agreements (including “split-contract” structuring).
Because we understand the construction industry, we can effectively mitigate construction risk in the contract-formation process. This industry knowledge also helps us reduce construction project risk before projects begin by working with clients to improve bidding procedures and to improve project record keeping, change order review and processing, compliance with state and federal lien and bond statutory requirements, and compliance with labor and environmental regulations. Kotz Sangster real estate and construction lawyers also provide a 24-hour help line, so contractors and owners can immediately address legal problems that arise during the project. We identify the legal issue, help create the factual record with written documentation, prepare and submit necessary claim notices, and respond to claims raised by other parties.
Kotz Sangster has also developed a reputation for aggressive and cost effective litigation. The subject matter of the cases we have handled for owners and contractors is as wide and diverse as the American real estate development industry, everything from delay claims in hospital projects to defects in the means and methods employed by contractors and subcontractors. We have prosecuted and defended claims in arbitral and judicial forums, in state court and federal courts, and before licensing and regulatory administrative tribunals.
Kotz Sangster lawyers represent lenders, multilateral institutions, governmental entities, investors, sponsors and borrowers in connection with non-recourse and limited recourse project financings utilizing various combinations of bank debt, bonds, equity, mezzanine debt, credit support and indirect financing via private equity capital call facilities.
