- Sutherland

Office and Industrial Development and Leasing

Sutherland has a diverse and sophisticated office and industrial development and leasing practice. We regularly represent institutional owners, developers and users of office, industrial and mixed-use properties in purchase and sale, financing and leasing transactions in major markets across the United States. Our experience extends to all product types – including multi-tenant and single tenant facilities – and speculative as well as build-to-suit projects.

We have more than 30 lawyers and legal assistants, resident in each of our major offices, who practice regularly in the office and industrial development and leasing practice area. Our lawyers are active in industry trade groups, such as the National Association of Industrial and Office Parks (NAIOP), Urban Land Institute (ULI), and Georgia Economic Developers Association (GEDA) and participate regularly in continuing education programs as speakers, authors and moderators. In addition to understanding the legal issues inherent in transactions, we focus on our clients’ business deals and the economic and financial issues that are part and parcel of these deals. We are connected to our clients via the Internet or client-specific extranets and use technology aggressively to manage costs, decrease turnaround time and outperform the competition.

Areas of Experience

We have the capability, depth and proven track record to handle every aspect of office, industrial or mixed-use developments and leasing transactions in a cost effective, responsive and focused manner. Our areas of experience include:

Leases – We represent a broad group of landlords and tenants in every type of office and industrial lease transaction – this representation is at the core of our nationally recognized leasing experience. We are fast, efficient and cost-effective in drafting, reviewing, negotiating and documenting lease agreements and work letters, construction provisions of leases and related documents such as SNDAs.
Build-to-suit Transactions – We have substantial experience in representing landlords, tenants and purchasers in build-to-suit transactions. We have experience with regard to telecommunication and other high tech facilities, including representing a client in developing facilities for T-Mobile in Oregon, Idaho, Kansas, Georgia, Maine and Missouri, and representing ViaSat, a high technology company, in connection with the development of its corporate campus in suburban Atlanta. We have experience with construction matters which are at the heart of every build-to-suit transaction and work in a collaborative manner with design and construction professionals. We also understand the requirements of lenders and institutional purchasers and pride ourselves on our ability to structure the transaction in a manner which satisfies such requirements yet still protects the interests of our client, whether it be the landlord or the tenant.
General Development Matters – We represent developer clients across the full spectrum of general development matters, including the negotiation and documentation of easement agreements, development agreements, reciprocal easement agreements and use agreements. We handle large, complicated phased mixed-use developments, sale/leaseback transactions and public/private partnerships and are knowledgeable as to the legal structuring and documentation issues relating to these projects.
Acquisitions and Dispositions – We structure, negotiate and document on a routine basis purchase and sale transactions involving office buildings and other office and industrial projects. We are experienced in § 1031 like-kind exchanges and are experienced in all aspects of financing office buildings and other office and industrial projects.
Joint Ventures – We regularly counsel our clients concerning the structuring and formation of joint ventures of all types, including limited liability companies and general, limited and limited liability partnerships. We have significant experience in the financial and governance aspects of such arrangements, including internal rate of return hurdles, buy-sell provisions, rights of first refusal and, of course, tax allocations.
Environmental Matters – We are experienced in assessing environmental risks inherent in office and industrial projects, evaluating options and negotiating and documenting complicated environmental provisions in lease and purchase and sale transactions. Rather than raise problems without providing solutions, we pride ourselves on our ability to evaluate risks and then identify creative solutions to the underlying problem in order to permit the transaction to be closed notwithstanding the existence of environmental contamination.
Resolution of Disputes and Bankruptcies – We have litigation and bankruptcy experience and capabilities commensurate with our status as a full-service national law firm. We are experienced in virtually every type of real estate dispute, including lease disputes, joint venture disputes and disputes between adjoining landowners. Consistent with our client-centered approach to our practice, these matters are usually managed by the real estate lawyer who understands the client’s business and economic objectives. We work closely with our experienced real estate litigators who understand the real estate business and resolve real estate disputes efficiently and expeditiously.
Construction Contracts – Our firm boasts a nationally recognized construction law practice and one of our partners is former President of the American College of Construction Lawyers. This experience allows us to assist our clients in negotiating with contractors, subcontractors and architects and in resolving construction disputes that commonly arise in the development and redevelopment of real estate projects.