A Detailed Guide to the Real Estate Development Process
Real estate development projects, if not handled correctly, can turn into a long, drawn-out and often costly endeavor. Knowing how to guide your clients through the major milestones while foreseeing potential roadblocks unique to each project is essential to maintaining a lucrative real estate development law practice. Join our experienced faculty as they offer strategies for overcoming key project hurdles, including financing, contracts, risk management, government approvals and more. Confidently navigate the real estate development process - order today!
- Navigate the twists and turns of the real estate development approval process.
- Maximize financial assistance for owner/developer clients and overcome key challenges in financing.
- Choose the right business structure to help clients secure financing.
- Negotiate and draft bulletproof transactional and construction contracts.
- Learn how to reduce your client's exposure to risks during the development process.
- Find out how to effectively advise on failed or stalled developments.
This is a rebroadcast of the original webcast delivered by Keith A. Gantenbein Jr., Steven R. Sorenson and Timothy J. Walsh on November 13, 2019. Faculty will be available to answer your questions after the program.
10:00 am - 5:00 pm Eastern Standard Time
- Obtaining Financing for Real Estate Developments
10:00 - 10:45, Keith A. Gantenbein
- Impact of the TCJA on Real Estate Development
- Tax Increment Financing and Other Development Incentives
- Pros and Cons of the Different Financing Options
- How Lenders are Handling Recent Regulatory Issues and Impacts on Borrowers
- Construction Financing
- Negotiating Key Loan Terms
- Interest and Payments
- Recourse vs. Non-Recourse
- Representations and Warranties
- Indemnification, Insurance and Other Key Provisions
- Real Estate Loan Documentation (w/Sample Forms and Documents)
- Easements and Restrictive Covenants in the Development Context
10:45 - 11:30, Keith A. Gantenbein
- Easements/Other Property Rights That May be Needed
- Easement vs. Covenant vs. Lease vs. License
- Locating Existing Easements and Spotting Discrepancies
- Creating Easements and Other Servitudes (w/Sample Documents)
- Termination/Modification of Easements (w/Sample Documents)
- Removing Restrictive Covenants
- Use of Corporate Entities for Real Estate Development: LLC vs. Corp vs. Partnership
11:45 - 12:30, Keith A. Gantenbein
- Tax Considerations Based on Choice of Entity
- Principal Non-Tax Differences
- Drafting/Negotiating Transactional and Construction Documents (w/Samples)
12:30 - 1:15, Timothy J. Walsh
- Letter of Intent
- Purchase Agreements
- Option Agreements
- Ground Leases
- Joint Venture Agreements
- Construction and Design Agreements
- Managing Risk and Avoiding Pitfalls in Construction Development and Management
1:45 - 2:30, Timothy J. Walsh
- Available Insurance Programs
- Knowing and Enforcing Key Contract Provisions
- Change Order Best Practices
- Project Communications and Documentation
- Use of Outside Consultants
- Dispute Resolution
- Working with the Community and State/Local Government Agencies and Boards
2:30 - 3:15, Steven R. Sorenson
- Gaining Community Support for the Project
- Public and Private Partnership and Development Agreements
- Process and Procedures
- Board Size and Quorums
- Presentation Pointers
- Creating a Record
- Appeals/Legal Challenges
- Roles of a Lawyer on the Project Team
- Traps for the Unwary
- Distressed Developments: Workouts, Foreclosure and Bankruptcy
3:30 - 4:00, Keith A. Gantenbein Jr.
- Legal Ethics
4:00 - 5:00, Steven R. Sorenson
- Attorneys' Fees
- Conflicts of Interest
- Preserving Confidentiality
- Duties of Competence and Diligence
This program is designed for attorneys. Developers, lenders, investors, brokers, accountants and paralegals may also benefit.