Real Estate Development

Schiff Hardin has particular depth in assisting clients with real estate development projects, both commercial and residential, including pre-construction work such as site acquisition, financing, and sales disclosures and continuing through planning, design, construction and post-construction matters.

Such counsel can involve a wide variety of matters, including:

Negotiating the site acquisition contract — including acquisition of development rights such as air rights and zoning bonuses
Representing landlords and tenants in commercial ground leases
Negotiating acquisition and construction financing
Federal, state and municipal sales disclosure documents
Entitlement issues — such as zoning, easements and covenants
Tax Increment Financing (TIF) and affordable housing credits
Drafting sales contracts and related documents
Drafting condominium instruments
Advising on the form of project delivery — such as design-build, fast-track and multi-prime
Negotiating design and construction contracts
Change order management
Construction delay claims
Design defects in architectural and engineering systems
Mechanics' liens
Warranty issues
Insurance issues
Environmental concerns
Labor law issues
Contractor's default and insolvency
Coordination of various agency code requirements

We have particular expertise, too, in dispute avoidance, including the use of team building, as well as the use of construction mediation, arbitration and other alternative dispute resolution processes.