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Services > Construction/Development

Breaking the mold

By definition, commercial real estate development comes with high risk and the potential for significant liability should something not go according to plan. CGS3 helps you navigate the full scope of a project and develop a strategy based on your specific needs.

 

From architect to contractor to consultant, standard industry form agreements are used for development projects. Unfortunately, most of these standard forms do not properly address or define key areas of responsibility, such as indemnification, concealed conditions and allocation of risk. Our market knowledge and experience help us anticipate potential problems and properly modify these form agreements in order to protect your interests without alienating your project design and construction team.

We don’t practice law in isolation. Every party involved has interests to protect should something go wrong, and agreements between one set of parties directly impact agreements among others. Your negotiation strategy depends on a number of factors: your tolerance for risk, availability of time, type of property, future use and exit strategy. We look at all of these dimensions to determine your risk and exposure to help you properly allocate development risk among the project’s parties.

Learn more about our integrated commercial real estate services.

Buy/Sell

  • Letters of intent
  • Purchase agreements
  • Title review
  • Due diligence
  • Lease and contract review

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Financing

  • Acquisition loans
  • Development loans
  • Construction loans
  • Permanent and semi-permanent loans
  • Participating and convertible loans
  • Revolving credit facilities
  • Mezzanine loans

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Construction/Development

  • Design professional agreements
  • Construction agreements
  • Design-build agreements
  • Public Private Partnership (PPP) agreements
  • Owner participation agreements
  • Subcontracts
  • Payment/performance bonds
  • CC&Rs and REAs

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Management

  • Property management agreements
  • Listing agreements
  • Service provider agreements
  • Consulting agreements

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Commercial Leasing

  • Retail leasing
  • Office leasing
  • Industrial leasing
  • Medical leasing
  • Life science/biotech leasing

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Distressed Real Estate Workouts

  • Loan restructurings
  • Loan sales
  • Leasing and evictions
  • Deed in lieu transactions
  • Foreclosure proceedings
  • Guaranty enforcement actions
  • Receivership and bankruptcy
  • Short sales, receivership sales and REO sales

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Entity Formation and Tax

  • LLCs and partnership formations
  • Strategic tax and business law counseling
  • Entity and tax disputes
  • Federal, state and local tax controversies
  • Nonprofit corporations
  • Fiduciary duties
  • Workouts and debt discharge
  • Expert witness services

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Disputes and Litigation

  • Business and real estate negotiations
  • Ownership interests
  • Dissolution of business entities
  • Breaches of contract and business torts
  • Workouts and foreclosure of distressed property
  • Landlord/tenant lease disputes
  • Construction disputes
  • Easements and other real property interests
  • Land use decisions by public entities
  • Employment agreements and issues
  • Insurance claims
  • Holders of personal guarantees
  • Unlawful Detainers

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Land Use/Environmental/ Natural Resources (“LER”)

  • Pre-purchase/leasing due diligence
  • California Planning, Zoning and Subdivision Law/obtaining entitlements from local jurisdictions and other agencies
  • Rezoning and variances
  • Master and general plan adoptions and amendments
  • Zoning or building code enforcement actions
  • Environmental enforcement actions by agencies regulating water quality, air quality, hazardous substances, and other resources
  • California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance
  • Impact fees, exactions and other conditions of development approvals
  • Historic landmark designation and preservation
  • Easements/abandonments
  • Condemnation of property rights by public agencies
  • Defense of administrative and judicial challenges to development approvals

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