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Real Estate & Construction

Our Real Estate & Construction Practice Group provides seamless services covering all aspects of law relating to ownership, construction and use of land and buildings. Our specialized lawyers are experienced and knowledgeable in all aspects of property development, sales, acquisitions, leases, and the provision of security in the commercial, retail, industrial, residential and mixed-use markets.

Representative clients include a broad range of individuals, businesses, and institutional users of real estate, including local and international developers, industrial users, educational and non-profit institutions as well as shopping centres, retailers, hotel operators and office tenants.

We take a multidisciplinary approach to our real estate practice. Our team consists both of dedicated real-estate professionals and lawyers experienced in the related areas of taxation, bankruptcy, privatisation, litigation, entity formation, reorganization and other related fields. This approach assures clients that we bring to the table the skills and experience required for solving complex demands in this area.

1. Real Estate Finance

The real estate practice of David & Associates encompasses the entire spectrum of real estate financing techniques used in the acquisition, development, construction and ownership of all types of real estate projects. With our in-depth knowledge of the market, we pride ourselves on helping clients close deals.

Our attorneys represent clients in negotiating and structuring securitized financing transactions. We provide legal counsel and advice to both borrowers and financial institutions. Besides loans and mortgages, we counsel our clients in complex debt financings including sale/lease-backs and syndications. The depth and scope of our practice allows us to successfully manage the full panoply of real estate, tax, and securities issues attendant to these transactions.

2. Development, Zoning & Land Use

Real estate development requires a unique blend of sophistication and savvy. Attorneys in our development practice combine legal, business, and financing expertise with a depth of practical experience in getting deals completed efficiently and creatively. Our practice encompasses all phases of the development process, from site assembly to land use and zoning to construction and operations. We also assist with government incentives and entitlements.

Our real estate practice team is experienced in the policies and issues relating to zoning, site planning approval, subdivision, historic preservation, transferable development rights, environmental approvals, building permits, authorizations of occupancy, street and alley closings and other approvals and permits. Members work closely with the firm's clients to analyze applicable development requirements, prepare all necessary applications and present the proposals in meetings and public hearings, as necessary.

We have extensive experience in site assembly and project management in relation to development and large multi-year build-out programs.

3. Acquisitions, Dispositions & Leasing

Our real estate practice handles all aspects of acquisition, disposition, use and exchange transactions, ranging from individual property deals to large asset transfers to developing and negotiating leasing documentation (for both lessees and owners). We have experience in all manners of properties, including undeveloped land, commercial office space, industrial buildings, hotels, residential projects and shopping centres.

David & Associate's work on behalf of buyers and sellers includes:

  • drafting and negotiating purchase contracts, leases, concessions, site development agreements, restrictive covenant and easement agreements and related acquisition and development documents;
  • managing and overseeing closings; and
  • dealing with terminations, assignments, subleases, renewals, and expansions.

4. Construction

David & Associates has a diversified construction practice involving structuring transactions, negotiating contracts, counselling, document preparation, claims preparation and analysis, and litigation.

Examples of typical construction-related matters handled by the firm include:

  • preparation, review and negotiation of development, design, engineering, design/build, and construction contract documents;
  • negotiation of insurance coverage for participants in the construction process;
  • preparation, settlement or litigation of claims arising from changes in scope of work, delay, disruption, acceleration, termination and other performance-related matters; and
  • claims against contractors and design professionals arising because of design errors or defective construction.

Services:

  • Acquisition, disposition and exchange transactions;
  • Property-related security documents such as mortgages, charges, and assignments;
  • Site assembly and preparation of zoning, environmental and land use approvals and permits;
  • Representation in meetings and public hearings;
  • Transaction structuring, document preparation and deal implementation;
  • Advising on construction, design and engineering agreements;
  • Contract modification and change of scope of work;
  • Construction defects and design errors; and
  • Litigation and dispute resolution.

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