You face big decisions
Real estate transactions—constructing, developing, buying, selling or leasing office, retail, industrial or commercial projects—are among the biggest and most important steps businesses take. These transactions are always complex, and the details present you with major decisions. The mix of financial, regulatory and operational issues is unique for each project in every geographic area—and getting these projects completed correctly will play a big role in assuring your financial success.
You have complex issues
For a FORTUNE 500 company, a major financial institution or developer, every real estate transaction represents a major investment in time and money. To successfully complete these transactions, you need lawyers who know the real estate industry and are familiar with the process of taking complex transactions from negotiation to completion. Market conditions can change rapidly, so success requires the right combination of business advice and legal focus to complete transactions smoothly and efficiently.
What We Do
Our strengths in real estate, real estate finance and construction law have led to the successful completion of commercial real estate transactions, including high rise condominiums, apartment complexes, commercial office buildings, residential subdivisions, retail shopping centers, industrial complexes, hotels, golf courses, mixed use developments, deepwater facilities and developments on leasehold estates. Porter Hedges' lawyers work with clients, both foreign and domestic, to provide practical, experienced advice on every aspect of real estate projects:
- Pre-development planning and financing
- Entity selection and structure
- Acquisitions and sales of improved and unimproved properties
- Construction contracts
- Commercial leases
- Operating agreements
- Restrictive covenant agreements
Industry Experience: Clients get complete capabilities
We represent all the major industry players—developers, investors, lenders, owners, tenants—and have particular focus in all areas of real estate finance. With our comprehensive resources in banking, structuring, construction, environmental, tax and other disciplines, we work to ensure a successful transaction from start to finish.
Clients can rely on our proven ability to deal with ever-changing tax considerations, alternative financing approaches and new ownership patterns. We also effectively handle:
- Construction and development financing for shopping centers, residential subdivisions, apartment complexes, high rise condominiums, hotels, golf courses, and office/warehouse/flex projects.
- Negotiation of leases on behalf of landlords and tenants in shopping centers, medical office buildings, office buildings, and business and industrial parks.
Porter Hedges has particular focus in the legal issues involved with the design, development, financing, management and performance of construction projects. Our lawyers represent real property owners, lenders, managers, lessors and lessees in disputes with contractors, sureties, design professionals and construction managers. Whether the problems involve allegations of design defects, cost overruns or delay claims, our experience at construction contract litigation, arbitration and dispute resolution can take properties from courtroom issues to marketplace assets.
Transactional Skill: Clients have an effective partner
If you are buying, selling, financing, developing or leasing real estate we can help you complete your transaction, no matter how large or complicated the transaction is or how many states it involves. Our lawyers work to maximize tax advantages in entity and project structuring and excel at anticipating and resolving due diligence issues, environmental liability, title encumbrances and other problems during negotiation.
The diversity of our clients and projects is as broad as the industry. Porter Hedges has recently:
- Represented developers in the purchase, development and marketing of a 300-acre master planned office and business park, a 2,500-acre master planned community and three million square feet of retail power centers.
- Represented a developer in procuring a $40 million golf course development loan.
- Served as local counsel to a major investment banking firm that issued $200 million in bonds secured by a large manufacturing facility located in Dallas County.
- Documented a $400 million master limited partnership offering of a chemical manufacturer, including title work and conveyance of real property assets located in nine states.
- Advised a waste management company in the $120 million acquisition of landfills and transfer stations in multiple states.
- Represented a Houston-based NYSE company in acquiring a 10-acre business park site and develop a 250,000 square foot office building for its corporate headquarters.
- Represent a lender in connection with a $150,000,000 syndicated condominium construction loan.
Representative examples of the solutions we provide:
- We represented a warehouse lessor in its first-ever trial in a dispute over two large commercial leases. Our opponent, the world's largest producer of newsprint, mounted a vigorous two-year opposition on every front, declined to make a meaningful settlement offer and refused to accept a court-ordered mediator's proposal before trial. The result: the court found for our client on all claims and awarded the damages that we sought.
- We structured an option-to-lease agreement for a Brazilian-based cookware and cutlery manufacturer that is a world leader in its industry and an American aluminum manufacturing company that allowed the parties to reopen an aluminum cookware plant in Wisconsin. Porter Hedges' lawyers recommended the deal structure, drafted the lease agreement, handled environmental issues and coordinated the public communication process.