Real Estate, Construction and Environmental Law

Overview

Tannenbaum Helpern's Real Estate, Construction and Environmental Law Practice possesses skills, creativity and expertise to address the complex issues that arise in sophisticated real estate and construction matters. We provide an interdisciplinary approach to the broad practice of real estate, construction and environmental law, which facilitates the exchange of information regarding developing trends, laws, standards and transactions among the members of our practice group, as well as with other complementary practice groups within our firm such as our financial services, tax, litigation and bankruptcy groups. Utilizing this approach, we are able to advance Tannenbaum Helpern's credo of providing practical solutions to all legal issues confronting our clients.

General Real Estate Practice

Tannenbaum Helpern's general real estate practice consists of experienced attorneys with broad based technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. Clients represented by Tannenbaum Helpern in real estate related transactions and matters include public companies and REITs, nationally recognized real estate private equity funds, national and regional owners, investors, developers and property managers, institutional lenders, hotel operators and national and regional retail chains.

Our attorneys are regularly engaged in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. Our attorneys also have been extensively engaged in workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations.

We also have a significant real estate litigation practice that has been involved in several leading and precedent setting cases involving such areas as workouts, foreclosures, contracts of sale, condominium and co-op sponsor defaults, flip tax regulations and "Yellowstone Injunctions." Our real estate attorneys actively work with our litigation attorneys to augment litigation teams with substantive real estate experience.

Representative Real Estate Services

  • Real estate development, including urban and rural assemblages, commercial, residential and mixed-use projects, and warehouse, storage and manufacturing developments.
  • Acquisitions and dispositions of real estate assets, including portfolio (or "bulk") transactions, "Section 1031" tax deferred exchange transactions, and purchases by and sales to REITs.
  • Loan financings, including construction and permanent loan financings, mezzanine loan financings, securitized financings and loan participation transactions.
  • Joint venture transactions, including preferred equity transactions and equity restructurings and recapitalizations.
  • Office and retail leasing, both in New York City and throughout the country, for landlords and tenants.
  • Sale and acquisition of debt, both performing and non-performing, and equity interests.
  • Loan workouts, debt refinancings and bankruptcy proceedings.
  • Real estate litigation, including foreclosures, condominium and co-op sponsor defaults, and leasing disputes.
  • Management agreements, franchise arrangements and other service-related agreements.
  • All matters pertaining to the representation of condominium boards of managers and cooperative boards of directors.

Construction Practice

With a nationally recognized construction law practice, Tannenbaum Helpern represents a prominent group of construction clients, including real estate owners, ranging from large scale national REITs to local building owners and not-for-profit institutions. Well versed in all aspects of the construction process, Tannenbaum Helpern attorneys regularly negotiate professional services and consulting agreements, general construction contracts and construction management agreements with architects, engineers, consultants, general contractors and construction managers, as well as license agreements between developers and neighboring property owners. As adept litigators, we represent owners in claims involving architectural and engineering malpractice, defective work, delays, liens and general breach of contract.

Tannenbaum Helpern’s construction lawyers are widely considered to be some of the best in the industry. In particular, our construction practice has been recognized in Chambers USA. The co-chairs of our construction practice author the New York Law Journal’s Construction Law column.

Representative Construction Experience

We are currently representing…

  • Vornado Realty Trust in connection with its portfolio of commercial office buildings, the development of new properties, including 220 Central Park South, and the redevelopment of the Farley Post Office, Moynihan Train Station, Penn Plaza and the LIRR Main Concourse.
  • Seritage Growth Properties in connection with the redevelopment of its portfolio of Sears and K-Mart branded stores throughout the United States.
  • MCR Development in connection with the conversion of the TWA terminal into a hotel and conference center.
  • Pier55 Inc. in connection with the development of a park and theater space on the Hudson River.
  • The New York and Brooklyn Public libraries in connection with renovations to their central and branch libraries.
  • The Whitney Museum of American Art in connection with the construction of its new facility at the foot of the Highline in Manhattan.
  • The developer of a high end condominium building in an action against its mechanical engineer for design errors and omissions.
  • The owners of residential properties in connection with property damage caused by adjacent owners.
  • The developer of a hotel in an action against its materials supplier and installer.

Representative Construction Services

  • Advising on the assembly of design and construction teams, and structuring business terms among the team members.
  • Preparation and negotiation of design and construction contracts.
  • Claims analysis and resolution.
  • Litigation support, including alternative dispute resolution.

Environmental Practice

Tannenbaum Helpern's environmental attorneys are experienced in the transactional, regulatory and litigation aspects of environmental legal issues and advise purchasers, sellers, insurers, and borrowers regarding the environmental implications of anticipated transactions. They also assist clients in navigating the complex regulatory regime to effectively obtain required agency approvals, and are experienced litigating large, multi-party cost recovery cases pursuant to state and federal laws.

Representative Environmental Experience

  • Representing a national self-storage company in thousands of Phase I and Phase II site investigations and various remediation projects throughout the U.S.
  • Representing one of the largest painting contractors in New York in a dispute with the State of New York regarding violations of the Resource Conservation and Recovery Act
  • Representing a data center in obtaining clean air act permits for emergency generators in various jurisdictions throughout the country
  • Representing a national bus company in the negotiation of the terms of a consent order with the USEPA for violations of the Clean Air Act and various State Implementation Plans
  • Representing a developer in a dispute with a multinational electric and gas utility company regarding property contamination resulting from the utility company's former holder tank
  • Representing a commercial distributor of dry cleaning fluids in a soil and groundwater contamination case brought by the State of New York

Representative Environmental Services

  • Brownfield redevelopment
  • Oversight of environmental site assessment and environmental impact statements in support of redevelopment, acquisition or divesture of properties, including evaluation of compliance with Federal, State and/or Local environmental quality review acts
  • Complex remediation of conditions impacting the environmental integrity of owned properties and neighboring properties
  • Litigation of environmental claims
  • Analysis of disclosures, representations and warranties concerning claims, contingent liabilities and losses associated with environmental conditions

Publications

Real Estate, Construction and Environmental Law

Tannenbaum Helpern's Real Estate, Construction and Environmental Law Practice possesses skills, creativity and expertise to address the complex issues that arise in sophisticated real estate and construction matters. We provide an interdisciplinary approach to the broad practice of real estate, construction and environmental law, which facilitates the exchange of information regarding developing trends, laws, standards and transactions among the members of our practice group, as well as with other complementary practice groups within our firm such as our financial services, tax, litigation and bankruptcy groups. Utilizing this approach, we are able to advance Tannenbaum Helpern's credo of providing practical solutions to all legal issues confronting our clients.

General Real Estate Practice

Tannenbaum Helpern's general real estate practice consists of experienced attorneys with broad based technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. Clients represented by Tannenbaum Helpern in real estate related transactions and matters include public companies and REITs, nationally recognized real estate private equity funds, national and regional owners, investors, developers and property managers, institutional lenders, hotel operators and national and regional retail chains.

Our attorneys are regularly engaged in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. Our attorneys also have been extensively engaged in workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations.

We also have a significant real estate litigation practice that has been involved in several leading and precedent setting cases involving such areas as workouts, foreclosures, contracts of sale, condominium and co-op sponsor defaults, flip tax regulations and "Yellowstone Injunctions." Our real estate attorneys actively work with our litigation attorneys to augment litigation teams with substantive real estate experience.

Representative Real Estate Services

  • Real estate development, including urban and rural assemblages, commercial, residential and mixed-use projects, and warehouse, storage and manufacturing developments.
  • Acquisitions and dispositions of real estate assets, including portfolio (or "bulk") transactions, "Section 1031" tax deferred exchange transactions, and purchases by and sales to REITs.
  • Loan financings, including construction and permanent loan financings, mezzanine loan financings, securitized financings and loan participation transactions.
  • Joint venture transactions, including preferred equity transactions and equity restructurings and recapitalizations.
  • Office and retail leasing, both in New York City and throughout the country, for landlords and tenants.
  • Sale and acquisition of debt, both performing and non-performing, and equity interests.
  • Loan workouts, debt refinancings and bankruptcy proceedings.
  • Real estate litigation, including foreclosures, condominium and co-op sponsor defaults, and leasing disputes.
  • Management agreements, franchise arrangements and other service-related agreements.
  • All matters pertaining to the representation of condominium boards of managers and cooperative boards of directors.

Construction Practice

With a nationally recognized construction law practice, Tannenbaum Helpern represents a prominent group of construction clients, including real estate owners, ranging from large scale national REITs to local building owners and not-for-profit institutions. Well versed in all aspects of the construction process, Tannenbaum Helpern attorneys regularly negotiate professional services and consulting agreements, general construction contracts and construction management agreements with architects, engineers, consultants, general contractors and construction managers, as well as license agreements between developers and neighboring property owners. As adept litigators, we represent owners in claims involving architectural and engineering malpractice, defective work, delays, liens and general breach of contract.

Tannenbaum Helpern’s construction lawyers are widely considered to be some of the best in the industry. In particular, our construction practice has been recognized in Chambers USA. The co-chairs of our construction practice author the New York Law Journal’s Construction Law column.

Representative Construction Experience

We are currently representing…

  • Vornado Realty Trust in connection with its portfolio of commercial office buildings, the development of new properties, including 220 Central Park South, and the redevelopment of the Farley Post Office, Moynihan Train Station, Penn Plaza and the LIRR Main Concourse.
  • Seritage Growth Properties in connection with the redevelopment of its portfolio of Sears and K-Mart branded stores throughout the United States.
  • MCR Development in connection with the conversion of the TWA terminal into a hotel and conference center.
  • Pier55 Inc. in connection with the development of a park and theater space on the Hudson River.
  • The New York and Brooklyn Public libraries in connection with renovations to their central and branch libraries.
  • The Whitney Museum of American Art in connection with the construction of its new facility at the foot of the Highline in Manhattan.
  • The developer of a high end condominium building in an action against its mechanical engineer for design errors and omissions.
  • The owners of residential properties in connection with property damage caused by adjacent owners.
  • The developer of a hotel in an action against its materials supplier and installer.

Representative Construction Services

  • Advising on the assembly of design and construction teams, and structuring business terms among the team members.
  • Preparation and negotiation of design and construction contracts.
  • Claims analysis and resolution.
  • Litigation support, including alternative dispute resolution.

Environmental Practice

Tannenbaum Helpern's environmental attorneys are experienced in the transactional, regulatory and litigation aspects of environmental legal issues and advise purchasers, sellers, insurers, and borrowers regarding the environmental implications of anticipated transactions. They also assist clients in navigating the complex regulatory regime to effectively obtain required agency approvals, and are experienced litigating large, multi-party cost recovery cases pursuant to state and federal laws.

Representative Environmental Experience

  • Representing a national self-storage company in thousands of Phase I and Phase II site investigations and various remediation projects throughout the U.S.
  • Representing one of the largest painting contractors in New York in a dispute with the State of New York regarding violations of the Resource Conservation and Recovery Act
  • Representing a data center in obtaining clean air act permits for emergency generators in various jurisdictions throughout the country
  • Representing a national bus company in the negotiation of the terms of a consent order with the USEPA for violations of the Clean Air Act and various State Implementation Plans
  • Representing a developer in a dispute with a multinational electric and gas utility company regarding property contamination resulting from the utility company's former holder tank
  • Representing a commercial distributor of dry cleaning fluids in a soil and groundwater contamination case brought by the State of New York

Representative Environmental Services

  • Brownfield redevelopment
  • Oversight of environmental site assessment and environmental impact statements in support of redevelopment, acquisition or divesture of properties, including evaluation of compliance with Federal, State and/or Local environmental quality review acts
  • Complex remediation of conditions impacting the environmental integrity of owned properties and neighboring properties
  • Litigation of environmental claims
  • Analysis of disclosures, representations and warranties concerning claims, contingent liabilities and losses associated with environmental conditions
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