November 30, 2014
Over the last few years, and with an accelerated frequency this past year, I have received an influx of development-leasing matters, from both landlords and tenants. These deals have spanned several states, from New York and New Jersey to Florida and Texas, as well as a variety of asset types – specifically, retail, industrial and manufacturing. However, they all share a common structure in that the landlord has committed to develop the subject premises for tenant’s use. Underlying these transactions, whether the landlord is obligated to perform only site work and pad preparation, or the landlord is responsible for delivering a completed, build-to-suit facility, are inherent pitfalls for which legal counsel should beware.
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