Harris Beach Murtha collaborates with developers from the time they visit a potential property through project completion. We represent clients in all aspects of acquisitions, dispositions and development of property and use our experience to help evaluate a project’s feasibility, saving clients time and resources.

Our seasoned attorneys help negotiate site control and counsel developers in permitting, zoning and land use planning, including variances, site plans, subdivisions, planned unit development, rezoning and special use permits. We also counsel clients on compliance with state and federal laws, such as the New York State Environmental Quality Review Act (SEQRA) and the National Environmental Policy Act (NEPA).

We also conduct environmental due diligence and remediation planning to meet compliance with local, state and federal regulations for development, as well as redevelopment opportunities under brownfield cleanup programs.

We assist real estate clients throughout New York, Massachusetts, Connecticut and other states across the country with all aspects of property acquisition. This includes purchase and sale agreements; zoning and development approvals; equity or debt syndications; formation of limited liability companies, limited partnerships and other entities; architectural and construction contracts; electric utility rate agreements; construction and long-term financing; tax deferral exchanges; and tax-exempt and taxable bond financing options.

We also coordinate and manage all due diligence investigations and administrative details of a commercial real estate transaction, including title review and the placement of title insurance; analysis of property surveys, zoning and land use research and compliance confirmation; review and analysis of all property related reports, such as environmental and engineering reports; and preparing all necessary documents.

Harris Beach Murtha provides title services through our firm’s title insurance agency, which has the authority to write title insurance policies for some of the country’s largest title underwriters. We arrange for the necessary title curatives to provide insurance in form and substance satisfactory to our clients.

Construction projects are fraught with potential legal issues, including contract disputes, construction defects and delays. Harris Beach Murtha’s attorneys bring deep industry knowledge, a collaborative approach and an unwavering focus on the client’s needs to help ensure a construction project’s success. Our attorneys offer creative solutions — and do so in an efficient, economical manner.

We represent a broad cross-section of companies and individuals who play significant roles in ensuring a development project’s success: public and private owners, developers, lenders, general contractors, construction managers, architects, engineers, subcontractors, material suppliers and condominium associations.

We have provided legal counsel on public and private endeavors in the United States and in other countries around the world, including commercial, residential, recreational (stadiums and arenas), military, education, health care, retail, heavy construction, infrastructure, historic, manufacturing, hotel and airport. We understand the challenges our clients face every day: the rising cost of materials; the uncertainty of availability due to supply chain issues; recruiting and maintaining talent; and managing risk.

Our work includes negotiating construction, architectural and engineering professional service agreements; preparation of bid and contract documents; obtaining appropriate surety agreements for the proper completion of retail developments; construction administration; claims preparation; mediation, arbitration and litigation; final project closeout and more.

When complex matters cross traditional practice lines, we seamlessly draw on the talents of other attorneys in the firm with extensive experience in areas such as labor and employment, financing, mergers and acquisitions, corporate law or other legal disciplines.

Harris Beach Murtha land use attorneys offer a broad range of services, guiding clients through land development processes and contract negotiation and advising them on matters ranging from local land use law to historic preservation and eminent domain. Our attorneys also conduct seminars and workshops for clients and land use commissioners through several local, regional and state agencies.

We regularly assist retail developers and developers of multifamily transit-oriented developments with site acquisition, title, purchase agreements, joint development agreements, due diligence investigations, obtaining zoning and land use approval and permits, ordinance drafting and adoption, density and intensity of use, construction contracting and store and ground leasing.

We negotiate and obtain reciprocal easement agreements and all types of municipal agreements, including developer agreements with municipalities for the site and access to sewer and water, highway access and occupancy, construction and permanent financing and property dispositions.

Securing financing is a critical component of any real estate development project. Harris Beach Murtha represents both financial institutions and borrowers in all phases of secured lending transactions, mortgage and construction financing, sale-leasebacks, participating loans and equipment leasing. We routinely close complex financing transactions, including tax-exempt bond financing, multi-tiered lending with conventional secondary debt, historic lease pass-throughs and mezzanine financing.

Our attorneys assist with nationwide financing transactions involving lines of credit, commercial mortgage loans, construction loans, conduit loans, CMBS and sale-leasebacks. We also counsel developers on how to defer taxes utilizing 1031 exchanges and tenant-in-common transactions.

Harris Beach Murtha attorneys also possess a comprehensive understanding of state and federal loan programs designed for multi-family affordable housing developments.

Our attorneys have experience in virtually all federal, state and local tax credit programs used by real estate developers, and we make it a priority to keep current with changes to these programs to help our clients take full advantage of their benefits.

We counsel our clients to identify and benefit from leading economic development programs and business tax incentives and assist in identifying and applying for local, state and federal economic development incentives. Our experience includes helping clients with the Excelsior Program, Rehabilitation Tax Credit, New Markets Tax Credit, Low-income Housing Tax Credit, Historic Tax Credits, Brownfields Tax Credits, Renewable Energy Tax Credits and Solar Tax Credits.

We also represent developers, Industrial Development Agencies (IDAs) and Local Development Corporations (LDCs) with financial assistance in the form of sales tax, mortgage recording tax and real property tax incentives.

The Qualified Opportunity Zones (QOZ) program, a federal incentive, offers tax incentives for real estate development in designated low-income areas known as “Opportunity Zones.”  These census tracts may receive funding from Qualified Opportunity Funds (QOFs), which allow a wide array of investors to pool their resources to rebuild distressed neighborhoods. Census tracts qualify as Opportunity Zones if they have been nominated for that designation by the state; and if that nomination has been certified by the Secretary of the U.S. Treasury via his delegation of authority to the Internal Revenue Service.

Our attorneys are knowledgeable and experienced with the QOZ program. We help real estate developers devise the optimum structure to take advantage of the tax benefits and how to leverage the investments with programs such as New Markets Tax Credits, Pilot Increment Financing, Federal Historic Preservation Tax Incentives and Industrial Development Agency benefits.

We guide investors in establishing self-directed QOFs or reviewing potential investments in QOFs, and we represent clients’ entitlement to tax exemptions and incentives related to opportunity zone enterprises. Specifically, investors can receive a temporary deferral of capital gains; permanent exclusion of a portion of capital gains for investments held five to seven years; and permanent exclusion of post-acquisition gains for investments held for 10 years.

The Harris Beach Murtha Commercial Real Estate Practice Group supports clients across the retail industry. Our clients include owners and operators of major regional malls, grocery-anchored shopping centers and retail-based mixed-use projects, together with national tenants.

We collaborate with developers and municipalities to balance the needs of constituents with development projects, and work closely with the developer’s engineers to create a cohesive site plan that will be approved by municipalities. We also represent clients before zoning, planning and other municipal boards and work with the municipality to satisfy all required conditions and address operational issues.

We assist landlords and tenants in negotiating sophisticated ground leases and enclosed mall, shopping center and standalone retail store leases; as well as representing them in lease disputes, summary proceedings and post-eviction collection matters.

Our attorneys represent commercial real estate developers, and a large cross section of other private clients, engaged in all areas of retail construction, negotiating construction, architectural and engineering professional service agreements, as well as obtaining appropriate surety agreements for the proper completion of retail developments.

We also counsel clients in mall-specific matters such as leasing restrictions and exclusives, pursuit of signature stores as anchors, operating covenants, CAM reconciliation and percentage rent requirements.

Affordable housing is a key component of a thriving community. Our experienced team of attorneys advises clients on all segments of affordable housing development projects across New York, Massachusetts, Connecticut and states around the nation. We represent lenders, nonprofits, developers, governments, municipalities and investors through every phase of a project – from negotiating the deal to ribbon cutting.

Harris Beach Murtha helps navigate the complex finance, political and regulatory needs of your project. Whether rehabilitating existing affordable housing or launching a new construction project, our attorneys are committed to developing creative solutions to any obstacles – financing, rising interest rates, supply-chain issues, labor shortages and more – that stand in the way of a successful development project.

Our experience includes fully subsidized and tax credit-supported housing, mixed income projects, mixed use developments, senior-oriented cooperatives and affordable assisted living.

Our affordable housing attorneys are leaders of local and national organizations and are recognized within the housing industry for their commitment to historic preservation and the creation and preservation of affordable housing.

Disputes are an inevitable part of real estate development. Many disputes can be resolved through mediation or arbitration, avoiding the time and expense of litigation. If not, litigation may be necessary. Our attorneys represent clients on a wide variety of real estate matters in New York, Massachusetts, Connecticut and states around the country.

We mediate, arbitrate and litigate all types of contract disputes, including prosecution and defense of indemnification claims, mechanic’s liens and bond claims for a large cross-section of public and private sector clients, as well as surety matters, including default terminations, construction claims, contract bond defaults, bad faith claims and performance and payment bond disputes.

We also represent private developers in administrative proceedings and in federal and state trial and appellate courts in connection with environmental and land use disputes, including Article 78 proceedings and challenges under the New York State Environmental Quality Review Act (SEQRA).

We litigate tax certiorari proceedings, land use challenges and bankruptcy matters. In addition, we represent landlords and tenants in disputes over lease transactions, and landowners in condemnation/eminent domain proceedings.

We frequently act as general counsel to assist developers with corporate and business law needs, including contract development and review, proprietary rights, antitrust matters and guidance on tax planning.

Tax credit transactions and affordable housing developments in particular have unique ownership and liability issues. Our real estate, tax and corporate groups work together to create the appropriate ownership structure for each transaction.

Also, many deals involve the acquisition of interest in an existing ownership entity rather than the acquisition of land. Our team understands the issues this can create for developers and is therefore able to anticipate how to structure transactions for future syndication or refinancing.

In addition, we advise on Minority and Women Owned Business Enterprises (MWBE) compliance requirements; negotiate and draft leases; advise on property maintenance and compliance with landlord-tenant disputes; prepare and file condominium offering plans for residential, commercial and mixed-use developments; and assist in the formation of homeowner associations for single family, patio home and townhome associations.

For mall-specific clients, we handle leasing restrictions and exclusives, pursuit of signature stores as anchors, operating covenants, CAM reconciliation and percentage rent requirements.

Environmental regulations can pose significant challenges to real estate development. Harris Beach Murtha’s attorneys are deeply familiar with federal and state environmental and land use laws, including Superfund, Resource Conservation and Recovery Act (RCRA), the New York State Environmental Quality Review Act (SEQRA) and the Connecticut Transfer Act. They skillfully navigate the complex regulatory framework and help clients identify and address liabilities associated with environmental conditions.

We assist buyers and sellers with due diligence to evaluate the risks associated with a property transaction and to best understand the impacts of choosing whether the buyer or seller (or another party) should be responsible for any post-transfer investigation and remediation. We have negotiated escrow agreements, pre- and post-closing access agreements, and environmental remediation and indemnity agreements to allocate liability on a going forward basis. As part of this work, we advise our clients on the risks and benefits of the different options for liability, with the understanding that every transaction is different and every party to a transaction may have a different end goal or desire.

In New York state, energy projects below a certain threshold (fewer than 25 megawatts) are reviewed and approved by local municipalities under the New York State Environmental Quality Review Act (SEQRA), which generally requires completion of an environmental impact assessment. Our attorneys have a strong track record of providing guidance and counsel throughout the SEQRA process, including strategy related to project development, assisting with the evaluation of environmental impacts, and navigating the municipal zoning and land use regulations and review processes.

Harris Beach Murtha takes a comprehensive and strategic approach to brownfield site acquisition, remediation and redevelopment. Through the strategic blending of federal, state and local economic incentive programs that spur investment, our commercial real estate attorneys assist with the remediation of contaminated property with safeguards to protect public health, producing aesthetically pleasing redevelopment projects and creating thriving businesses contributing new tax revenue.

Our lawyers assist the private and public sector with mixed-use, retail, residential, office, community park complex and other redevelopment projects. Whether the issues involve soil concerns, groundwater concerns, asbestos, reporting obligations, site access, the balancing and allocating of remedial costs and potential liabilities, financing, public infrastructure needs, or marketing an economic or community development opportunity, we take pride in finding proven brownfield site solutions.

Harris Beach Murtha provides a comprehensive suite of services to developers working on energy-specific projects. We regularly guide clients through renewable projects involving solar, wind, biomass, hydro, fuel cell generation and energy storage.

Our work includes assisting renewable energy developers in siting and permitting renewable generating facilities; providing due diligence review for developers seeking to acquire renewable energy projects, including review and development of power purchase agreements (PPAs), engineering, procurement and construction (EPC) contracts and membership interest purchase agreements (MIPAs); helping achieve energy incentives available under federal and state programs; and negotiating favorable payment in lieu of tax agreements with local government authorities on behalf of renewable developers.

We also negotiate energy supply contracts and utility easements on behalf of real estate clients, and we consult with developers, landlords and tenants on sustainability building initiatives and requirements, as well as green leases.

Successful implementation of energy projects often requires interaction and productive dialogue with state agencies. Our attorneys are familiar with these agencies, often from inside experience managing their policies and legislation. The leader of our Energy Industry Team, William Flynn, served as chair of the New York State Public Service Commission (PSC) and president of the New York State Energy Research and Development Authority (NYSERDA).

Harris Beach Murtha acts frequently as special counsel to municipalities in tandem with developers. We counsel clients to balance their needs with those of the many constituencies affected by regional and local large development projects.

We work closely with the developer’s engineers to create a cohesive site plan to obtain approval from the municipality. We also appear before various zoning, planning and other municipal boards to assist our clients with obtaining needed approvals. After construction, we work with municipalities to satisfy all required conditions and address concerning operational issues.

Harris Beach Murtha attorneys counsel developers in structuring and negotiating lease transactions, including ground leases, turnkey leases, build-to-suit leases, tenant improvement allowance leases, subleases, office leases, warehouse and industrial leases, manufacturing facility leases and retail leases.

We also assist landlords and tenants in the negotiation of sophisticated ground leases and enclosed mall, shopping center and standalone retail store leases.

We represent both landlords and tenants with lease disputes, summary proceedings and post-eviction collection matters.