Construction Development & Financing
Our attorneys advise clients on all aspects of real estate development, re-development, and construction projects. We have extensive experience with the construction of buildings, specialty facilities, infrastructure, tenant spaces, and other commercial and residential structures. We provide legal advice to owners and tenants in negotiating sophisticated real estate transactions, preparing design and construction agreements, service agreements, purchase agreements, operation and maintenance agreements, and consulting contracts. Our attorneys also provide guidance on construction and design transactions.
We regularly represent owners and developers with respect to agreements with various government agencies, such as redevelopment agreements, annexation agreements, planned unit development agreements, and agreements regarding the development, dedication, and use of infrastructure, including roads and utilities.
Working closely with our clients, we navigate the complex and continually evolving finance industry by assisting those clients in working through a wide variety of commercial real estate financings, including land acquisition loans, construction loans, asset-based loans, permanent loans, bond financings, multi-state transactions, and other public and quasi-public financings.
With a strong litigation practice working in concert with our business attorneys, employment attorneys, and tax attorneys, we leverage our institutional knowledge to minimize the possibility of future disputes for our clients, and to better position our clients in the event that litigation becomes necessary. We listen carefully to our clients’ objectives and then analyze the nature of their business ventures, taking into consideration management and ownership structures, financial issues, and the degree of risk involved, as well as tax and other ramifications.
As our clients navigate the start-up phase of their business life cycle, our attorneys assist new and experienced business owners in structuring the strongest foundation from the earliest stages. We guide clients in selecting an appropriate entity type, developing employment policies, and drafting operating and ownership agreements to help reduce risks.
Based on client consultation and subsequent analysis, we provide recommendations for appropriate business and ownership structures, and then execute beneficial formation strategies. Our business attorneys draft contracts and agreements tailored to each business’s particular structure and objectives. These agreements reduce liability, mitigate risk, and provide a clear mechanism for dispute resolution and transfers of ownership interests. Our attorneys also provide guidance on management and growth issues for the business as it moves forward . We advise clients on employment policies and practices, owner and executive compensation structures (equity and non-equity), and capital raises.
After helping clients establish their businesses, we aid owners and boards of directors in maintaining healthy operations, fostering growth while complying with organizational documents, and protecting owner and shareholder investments. Our attorneys regularly manage complex business matters related to: governance; transitions and transactions; strategic planning; extending product lines; raising financing; spinning off business units; offering new services or products; compliance with federal, state and local laws; as well as dissolutions and dispositions through sale or merger.
Construction contracts are often detailed, complex, and intricate. Our team brings a wealth and depth of technical knowledge to the table. They have experience advising contractors on the drafting and negotiation of various aspects of construction contracts. Our attorneys help clients to see the whole picture, including focus on risk allocation relating to: incorporation by reference of proposals/prime contracts; scope of work; notice issues; change order and change directive provisions; damage for delay clauses; liquidated damages; payment clauses; indemnity provisions; litigation, arbitration and other alternative dispute resolution provisions; and attorney’s fees provisions. Our attorneys provide educational and practical information to guide our clients in drafting, navigating, and negotiating these important contracts.
Our lawyers seek opportunities for dispute resolution whenever possible, but if a matter cannot be resolved, we have an experienced team of trial attorneys who are well-versed in handling the challenges of the courtroom – in federal, state, and appellate courts – as well as before arbitrators, administrative agencies, and boards of appeal.
Mediation and Alternative Dispute Resolution (ADR)
Our attorneys are experienced in various formal and informal dispute resolution strategies, including binding arbitration, voluntary arbitration, alternative dispute resolution, and mediation. Many clients seek to avoid formal court litigation, and our attorneys are adept at guiding such clients in evaluating and navigating alternatives to litigation within federal courts and state courts.
Our attorneys are well-versed in construction disputes, lien resolution, and payment disputes, having represented general contractors and subcontractors for many years. We handle matters related to construction contracts, contract disputes, and contract collections; ensuring that our clients understand their legal rights to collect payments owed to them for labor, equipment, and materials.
As part of this process, we advise our clients of important statutory deadlines affecting their rights to collect payments or assert claims against adverse parties in Maryland, D.C., Virginia, Florida, and South Carolina state and federal courts. Our experience representing contractors and subcontractors in this arena gives us added insight when representing property owners on the other side of such disputes.
Stein Sperling is well known for helping clients analyze the tax ramifications –including benefits, liabilities and requirements– at all phases of the business cycle, from formation and growth to transitions and dissolutions. We also advise clients on year-end tax planning and allocation strategies. For these services, our clients rely on the knowledge and experience of our tax law attorneys, who can help them evaluate and navigate the intricacies of business and personal taxes in their efforts to minimize tax liability.
Construction companies often are targets for employment claims. Stein Sperling’s attorneys are adept in the ever-changing world of employment law, including: the misclassification of employees, wage payment and collection laws, and potential exposure for general contractors for any unpaid wages owed to their subcontractors’ employees.