Development
Our attorneys advise clients on all aspects of real estate development, re-development, and construction projects. We also have extensive experience in new construction of buildings, specialty facilities, infrastructure, tenant space, and other commercial and residential structures. As we regularly represent owners and tenants in negotiating and preparing design and construction agreements, service agreements, purchase agreements, operation and maintenance agreements, and consulting contracts, our attorneys are able to provide guidance on construction and design transactions.
We also 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.
Entity Formation
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 are able to guide clients in selecting an appropriate entity type, developing employment policies, and drafting operating and ownership agreements to help reduce risks.
With a strong litigation practice working in concert with our business attorneys, employment attorneys, and tax attorneys, we seek to 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.
Based on client consultation and subsequent analysis, we provide recommendations for appropriate business and ownership structures, and then execute beneficial formation strategies. Our 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 guidelines for management and growth of the business in the future. 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.
Financing
We help our clients navigate the complex and continually evolving finance industry by assisting them 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.
Contracting
Construction contracts are often detailed, complex, and intricate. Our lawyers have experience advising contractors on the drafting of all 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 contracting provisions.
Tax
Stein Sperling is well known for helping clients analyze the tax benefits, liabilities, and requirements associated with all phases of a business’s 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 business clients rely on the knowledge and experience of our tax law attorneys, who can help them evaluate and plan for the intricacies of business and personal taxes in their efforts to minimize tax liability.
Employment Law
Construction companies are often targets for employment claims. Stein Sperling’s attorneys are adept in the ever-changing world of employment law, including such hot topics as: the misclassification of employees, wage payment and collection laws, and potential exposure for general contractors for any unpaid wages owed to their subcontractors’ employees.
Dispute Resolution
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, or materials. As part of this process, we keep our clients informed of important statutory deadlines affecting their rights to collect payments or assert claims against adverse parties in Maryland, D.C., and Virginia 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.
Our attorneys are also well-versed in various formal and informal dispute resolution strategies, including binding arbitration and 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.
Litigation
Our lawyers seek dispute resolution without unnecessary litigation, but if a matter requires formal litigation, we have a team of experienced trial attorneys who enjoy the challenge of the courtroom and are highly regarded as effective litigators.
We tailor our strategies to our clients’ unique needs, and to the changing dynamics of each case. The battle-tested attorneys who make up our civil litigation practice have years of experience representing clients at the federal and state levels, in trial and appellate courts, as well as before arbitrators, administrative agencies, and boards of appeal.
