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F. Warren Jacoby

Vice Chairman
P (215) 665-2154

Christopher J. Preate

Member
P (215) 665-6951

Josh M. Greenbaum

Member
P (215) 665-2788

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    Real Estate & Construction

    The real estate and construction industry is a major component of the global economy. In the U.S. alone, nearly seven million people are employed in related occupations. Industry leaders in this sprawling and vital sector who are seeking to rebuild from the market collapse of 2009 must be prepared to evolve and adapt. They must respond wisely to increased foreign investment, an abundance of private equity capital, slowed macroeconomic growth, technological innovation, and demand for greener buildings. To succeed in the coming decade, they need lawyers who understand both where the industry has been and where it is going.

    Cozen O’Connor has a renowned real estate and construction practice that provides clients with the long-range perspective members of the industry demand. Our attorneys regularly counsel clients on acquisitions, development, financing, construction, disposition, and disputes. The firm’s dedicated real estate lawyers are often involved in the industry’s most sophisticated deals and most complex litigation. They are privy to—and often a driving force behind—critical legal advancements. Moreover, our practice has a truly national reach, with attorneys in each of the firm’s offices who have notable experience serving the real estate and construction industry.

    We represent commercial and residential developers, shopping center and office developers, property owners, real estate investment trusts, banks and lenders, investors, national and regional retail companies, real estate brokerage companies, public and privately held companies, property management companies, municipalities, general contractors and subcontractors, architects and engineers, building owners, and manufacturers of construction-related products. Our attorneys counsel clients on issues related to office buildings, shopping centers, warehouses, commercial and industrial structures, highways, bridges, dams, docks, piers, refineries, drilling structures, and all residential structures from single-family dwellings to apartment house complexes.

    Real estate and construction are exceedingly technical fields, and Cozen O’Connor attorneys are known for the depth of their technical knowledge. Whether discussing the specifics of compressive strength, load specifications, liquidation calculations, or insurance rates, our attorneys are fluent in industry-specific terminology, operations, and formulas. Having lawyers with this degree of substantive background saves time, improves communication, and results in more sophisticated advocacy on behalf of our clients.

     

    SERVICE AREAS

    Litigation

    • Defend clients in commercial disputes involving real estate transactions
    • Represent construction clients in cases of catastrophic personal injury or death, design errors and omissions, defects, surety and performance bond default matters, “sick building” syndrome, and delay/cost overrun damages
    • Respond to OSHA and ADA civil rights violation claims
    • Lead industry-wide construction products litigation and arbitrations

    Transactions

    • Lead real estate acquisitions, dispositions, development, and leasing deals
    • Analyze and prepare construction-related contracts
    • Arrange complex financings via senior debt, mezzanine debt, or structured finance
    • Perform loan restructuring, workouts, and foreclosures
    • Handle environmental impact assessments and risk allocation
    • Advise clients on partnering, leasing, and zoning transactions

    Corporate and Regulatory

    • Provide guidance on insurance, indemnification, mechanic’s liens, and surety
    • Counsel clients on OSHA and ADA compliance
    • Assist clients with environmental regulations, land use, zoning, and condemnation laws
    • Advise construction and real estate professionals on industry best practices and standards

     

    RELATED PRACTICES

    • Real Estate
    • Environmental Law
    • Commercial Litigation
    • Corporate Law
    • Labor & Employment
    • Tax
    • Insurance Coverage Claims/Litigation
    • Subrogation

    People

    Christian G. Beltz Member New York (212) 883-4941
    Simeon D. Brier Member Miami (305) 704-5942
    Howard M. Brown Member West Conshohocken (610) 832-8362
    John T. Carroll, III Co-Chair, Bankruptcy, Insolvency & Restructuring Wilmington (302) 295-2028
    Philip T. Carroll Member Chicago (312) 382-3147
    Dennis L. Cohen Chair, Tax Philadelphia (215) 665-4154
    Neal D. Colton Member Philadelphia (215) 665-2060
    Robert V. Dell´Osa Member Philadelphia (215) 665-2745
    Josh M. Greenbaum Member Philadelphia (215) 665-2788
    Howard Grossman Member Philadelphia (215) 665-4176
    F. Warren Jacoby Vice Chairman Philadelphia (215) 665-2154
    Helene S. Jaron Member Philadelphia (215) 665-4657
    Daniel R. Johnson Member Chicago (312) 382-3188
    Bernard Lee Member Philadelphia (215) 665-6961
    Jennifer B. LeMaster Member Houston (832) 214-3921
    John J. McDonough Vice Chair, Commercial Litigation Department New York (212) 908-1226
    Christopher H. Murphy Member Chicago (312) 382-3155
    Elena Park Member West Conshohocken (610) 941-2359
    Vincent P. Pozzuto Member New York (212) 908-1284
    Christopher J. Preate Member Philadelphia (215) 665-6951
    Richard Salomon Member New York (212) 883-4952
    Shari Shapiro Member Cherry Hill (856) 910-5050
    Stuart A. Shorenstein Member New York (212) 883-4923
    Lawrence F. Walker Member Philadelphia (215) 665-6920
    Matthew I. Weinstein Member Philadelphia (215) 665-4199
    Thomas G. Wilkinson, Jr. Member Philadelphia (215) 665-3737
    James R. Williams Member Philadelphia (215) 665-4698
    Charles H. Wilson Member Houston (713) 750-3117
    Paul J. Zola Associate New York (212) 908-1247

    Experience

    Represented the Official Committee of Unsecured Creditors in the 1031 Tax Group cases that were commenced in the Southern District of New York, which involved widespread fraud perpetrated by the Debtors’ principals. The Committee worked with the Chapter 11 Trustee to confirm a consensual plan of reorganization that in the end will result in a recovery to unsecured creditors in excess of 70 cents on the dollar.


    Represented a large commercial landlord in large bankruptcy cases including Borders, Claim Jumper Restaurants, Real Mex Restaurants, and Gottschalks. Litigated and resolved issues concerning administrative claims, rejection damages, and general unsecured claims. Providing counseling regarding commercial landlord’s rights in tenants’ bankruptcy cases.


    Represented a borrower in a $230MM commercial mortgage-backed securities loan secured by a regional shopping mall.


    Represented a major international bank, as agent for a syndicate of lenders, in connection with the conversion of a construction loan in the approximate principal amount of $150MM into a loan secured by the unsold shares in a newly-constructed leasehold cooperative apartment building in New York City.


    Represented the developer of the Wachovia Center in Philadelphia, home arena of the Sixers and the Flyers, in a multi-hundred-million project finance of the development of the facility.


    Represented Liberty Property Trust in the development, leasing and debt/equity financing of the $500,000,000 Comcast Center office tower in Philadelphia.


    Represented a major international bank in connection with the increase and modification of a construction loan. The aggregate loan proceeds, in excess of $80MM, were funded for the renovation of an existing midtown (New York City) south residential building and its conversion to operation as a hotel.


    Represented a major international bank and a German bank, as lead lenders in connection with a syndicated acquisition and development loan in excess of $400MM.


    Represented a major international bank as a lead lender for a syndicate of lenders in connection with a construction loan of approximately $168MM to be advanced for the renovation, repositioning and reconstruction of an existing retail center located in Hampton, Virginia.


    Represented a major international bank and a syndicate of lenders in a loan of approximately $318MM for the construction of a resort hotel and spa outside San Antonio, Texas.


    Represented a major international bank as a lead lender for a syndicate of lenders in connection with a $103MM construction loan to be advanced in connection with the construction of an eleven-story office building of approximately 321,000 square feet located in Washington, D.C.


    Represented the Liquidating Trustee of Limited Partnership of failed Philadelphia commercial real estate development slated to be Waldorf Astoria hotel and condominium complex. Appointment was by Philadelphia Court of common Pleas.


    Represented the Debtor, the owner and operator of an exclusive private country club, in a Chapter 11 proceeding in the United States Bankruptcy Court for the District of New Jersey resulting in a sale of substantially all of the Debtor’s assets to a buyer that preserved the club’s operations.


    Represented the Debtor, a real estate investment and construction company, in its Chapter 11 case in the United States Bankruptcy Court for the District of New Jersey, confirming a Chapter 11 liquidating plan providing for the completion of pending jobs and orderly liquidation of the remainder of the Debtor’s assets which substantially increased the value of the Debtor’s estate for creditors.


    Represented landlord in lease of shopping center development parcel to Wawa Inc.


    Served as the lead counsel for developer of the 300 room Lancaster Marriott Convention Center Hotel and 90,000 SF Lancaster County Convention Center. Principal responsibilities included negotiation of joint development and operating documents with the Lancaster County Convention Center Authority and advising on multiple equity and debt financing arrangements, including historic tax credit and public financing segments.


    Served as lead counsel for redevelopment of Center City office building and bank facility into the $100,000,000, 330 room Philadelphia Ritz-Carlton Hotel. Principal responsibilities included structuring, negotiating and documenting equity participation, hotel management and project construction and permanent debt financing.


    Served as lead counsel for redevelopment of the Reading Terminal HeadHouse, Philadelphia, Pennsylvania, an $80,000,000, tax credit assisted urban redevelopment project for The Redevelopment Authority of the City of Philadelphia. Principal responsibilities included structuring and negotiating the redevelopment and equity and debt financing program for the project including public area, retail and hotel components, condominium structure, construction and permanent financings and historic tax credit investment.


    Served as lead counsel for development of the $75,000,000, 500 room Sheraton Atlantic City Convention Center Hotel. Principal responsibilities included the structuring, negotiation and completion of the joint venture equity and debt financing among the project participants including a private investor, Caesars Atlantic City, Fleet Bank, New Jersey Casino Reinvestment Development Authority, Doubletree Hotels Corporation and Sheraton Hotels Corporation.


    Served as lead counsel for acquisition of portfolios of multifamily residential apartments in the Mid-Atlantic and Southeastern United States, aggregating $500,000,000. Principal responsibilities included structuring, negotiation, documentation and closing of the acquisition, joint venture equity, bridge loan and permanent financing transactions.


    Served as counsel to investors in urban and suburban office properties valued at over $400,000,000. Principal responsibilities included structuring, negotiation, documentation and closing of property acquisitions and equity, interim and permanent debt financing and negotiation of major leases.


    Represented developer/landlord in the development and leasing of new regional headquarters for Glaxo SmithKline in the Philadelphia Navy Yard Corporate Center.


    Represented a financial institution/investor in the restructuring of many real estate joint ventures involving dozens of properties nationally and approximately $500M of assets.


    Led a team of Real Estate lawyers who represented the Commonwealth of Pennsylvania in closing the transactions for the development of a new $140 million Family Court Building at 15th & Arch in Philadelphia. This was a multi-faceted transaction involving many state and local government agencies.


    Led the effort to overcome title issues through grants from the New York State Office of Governmental Services and Westchester County and to negotiate and close pre-development financing and mezzanine debt with a Japanese financial partner for the Davids Island Project (the multifaceted development of an island in the Long Island Sound off the coast of New Rochelle), which is owned by the City of New Rochelle. Participated, through and with the developer’s local representative, in seeking a bridge permit from the Coast Guard, seeking to acquire Con Edison’s fee title in exchange for an easement (or to take the fee title through eminent domain, in consultation with special condemnation counsel to the project.


    Handled the Queens West Waterfront Development Project, a joint project of the state, city and the port authority of New York and New Jersey, which is being developed on a 74-acre waterfront site directly across the East River from the United Nations, at Hunters Point, Queens. It is a mixed-use project to include residential and commercial uses, and comprises 14 development parcels to be leased to private developers, totaling 9.3 million square feet, and 19+ acres of parkland.


    Represented Oliver Tyrone Pulver Corp. in Conshohocken, PA and West Conshohocken, PA, in riverfront development since 1987. The project included PA redevelopment and condemnations, about 1.5 million square feet of office space, and two Marriott Hotels


    Handled the redevelopment of the former 500,00 square foot Radio Corporation of America "Nipper Building" in Camden, NJ into 300-unit luxury apartment complex.


    Handled the redevelopment of the former 67-acre Stop & Shop North Haven, CT facility.


    Represented a client in connection with the acquisition of six multifamily apartment complexes in the Southeast and the structuring of a joint venture arrangement between the firm’s client and the seller of the properties.


    Represented the developer of a 500,000 square foot office/hotel project in suburban Philadelphia in connection with the receipt of all land-use and development approvals.


    Handled the acquisition of the former IBM plant in East Fishkill, NY, which included more than one-million square feet of space with plans to build 600,000 square feet and an investment of $300 million to $400 million in the project for our client, Assisted Preferred Real Estate Investments, Inc. (who took title under the entity name of PREI Hopewell Junction Associates, L.P.).


    Remediated and redeveloped the contaminated 10-acre Campbell’s Soup riverfront manufacturing site in Camden, NJ into a state-of-the-art minor league baseball stadium.


    Handled the redevelopment of the former 391-acre Ingersoll-Rand Phillipsburg, NJ facility into a multi-tenant industrial park.


    Redeveloped the former American Standard facility in Hamilton, NJ into commercial and residential mixed use.


    Converted Ford Electronics/North Penn No. 7 Site, a 35-acre former industrial site in Lansdale, PA, into a mixed-use transit-oriented redevelopment.


    Developed a cleanup agreement with PADEP and proposed development for Pennsylvania Turnpike Commission Service Plazas - a 21-site project.


    Converted PECO Generating Station, a 90-acre, Chester, PA site, into adaptive commercial re-use of Delaware River site.


    Obtained a significant land development approval for a 14-building, seven-phase project in Lower Gwynedd Township, PA, for our client, Ortho-McNeil, a subsidiary of Johnson & Johnson.


    Handled the redevelopment of the former 261-acre Texas Instruments Attleboro, MA facility into a mixed-use commercial office park.


    Closed a $180 million construction loan with a syndicate led by Bank of America for our client, Atlantic Realty Development Co., for the development of a high-rise luxury rental project on Avenue of the Americas (a/k/a Sixth Ave.), two blocks south of Herald Square. At the time, this was one of the few projects in New York City fortunate enough to obtain construction financing, a tribute to the well-established track record and financial commitment of Atlantic Realty, a family-owned developer based in New Jersey embarking on its second ground-up development in Manhattan.


    Represented HSBC Bank in a construction loan closing. The transaction consisted of an $80 million multi-lender construction loan for a $153 million, 320,000 sq. ft. mixed use project in Queens, New York, which included a senior loan, building loan and project loan. The three-loan structure is a creature of the unique requirements of New York’s statutory treatment of mechanic lien priority. The site itself is a complicated combination of a Hyatt Hotel, residential apartments that share certain hotel amenities, first-floor retail space, office space, community facility space and a multi-level garage.


    Represented a joint venture owning a super regional shopping center in one of the largest commercial mortgage-backed securities (CMBS) loans closed in 2010.


    Represented a nationally known private equity fund in the overhaul of a distressed portfolio of national real estate assets involving the restructuring of several hundred million dollars of senior debt and recourse guaranties, and extensive modification of the internal equity structure of scores ownership entities.


    Represented a private equity fund in acquiring a loan secured by a failed residential high-rise condominium development in the Southeast United States.


    Represented a private equity fund in acquiring a distressed loan secured by a major office building in the Southeast United States and a contemporaneous deed in lieu transaction.


    Represented the buyer of a loan secured by a failed residential condominium development in the Philadelphia, Pennsylvania area.


    Represented a lender making a loan in connection with a major mixed use development in the Cleveland, Ohio area.


    Represented the developer of a New York residential condominium development in connection with a work/out restructuring of three loans.


    Represented private equity client in connection with a $15 million loan secured by (I) multiple real estate parcels, (II) pledge of membership interests, (III) pledge of cash collateral account held by third party, and (IV) a personal guaranty. Proceeds of this loan were utilized, together with proceeds of other private/institutional lenders and bond offerings to develop a multi-use project in Cleveland, OH.


    Represented a large Connecticut-based developer in the sale of federal historic tax credits and the related construction loan refinancing to convert an abandoned warehouse into a 235-unit residential apartment building. We also handled the later $30 million refinancing of the project with Freddie Mac as part of its capital markets execution program for large multifamily loans.


    Represented a family and their real estate entity in two transitions in which they disposed of approximately $700 million of commercial real property to two separate REITs


    Represented a large trust in connection with the disposition of properties to a variety of UPREITs in exchange for units.


    Advised a client regarding their closely-held REIT and certain real estate acquisitions that cannot be made through the Fund because of concerns about the tax on the unrelated business taxable income of otherwise tax-exempt entities.


    Represented a client in connection with its acquisition a private REIT which owns shopping malls. This was largely a cashless transaction. The REIT is in the process of being liquidated.


    Represented a client in connection with the acquisition and liquidation of a private REIT that owned a Texas shopping center.


    Represented the owners of about ten office/light industrial properties in the contribution of those properties to a partnership in exchange for REIT units.


    Represented a REIT in connection with certain real estate matters and, in connection with those matters, were involved in the application of the REIT rules to the transactions.


    Represented a client that disposed of a number of office properties in contribution transactions to a REIT based in Memphis, TN.


    Represented a client that had a privately held REIT as its equity partner in connection with its relations with that entity, the operation of its business to conform to the REIT requirements in its LP Agreement, and the redemption of that entity.


    Represented the Miller family entity in connection settling claims against the Simon REIT and entering into a joint venture with a subsidiary of Simon to own a shopping center.


    Represented Acorn Properties in selling office properties to Equity Office Properties Trust.


    Handled an initial public offering for EQK Realty Investors.


    Represented seller of property to a REIT in an "upreit" transaction –where the seller took back OP Units in the REIT.


    Represented the Special Committee (independent directors) of the Board of Directors of a few REITS when they negotiated related party transactions; e.g., internalizing management by terminating the management contract with the external company controlled by REIT management (interested directors.)


    Assisted a Virginia-based developer in the development of a grocery anchored shopping center in Virginia. Negotiated grocery store lease as well as leases for in-line tenants and outparcels for national restaurant and drug store chain, together with office and residential users. Handled the satisfaction of various title, survey, easement and site plan complexities.


    Assisted a Florida-based developer in the development of retail outparcel in a large regional big box retail shopping center. Negotiated the amendment of a master declaration affecting the property to permit the use and variances necessary to construct and reconfigure signage, access, utilities and other easements necessary to develop the site. Assisted in all matters of title, acquisition, construction and permanent financing and the entitlement process.


    Assisted national, publicly traded REIT in development and leasing of retail center appurtenant to 1.3 million square foot office complex. Handled all aspects of the transaction, including condominiumization of the retail and public components of the development, negotiating and documenting complex easement and cost sharing agreements among the various parties to the development, and negotiating leases with all retail tenants.


    Assisted a Pennsylvania-based developer in the development and leasing in Pennsylvania and New Jersey of multiple big box shopping centers anchored by national retailers such as Wal-Mart, Lowe’s and Home Depot. Our representation included the acquisition and financing of the centers, the negotiation of anchor and in-line leases, and the negotiation of agreements vesting easements, covenants and restrictions.


    Assisted a national health and fitness center operator in negotiating leases for space in many shopping centers nationwide as part of a national expansion program. The premises leased included in-line space, anchor stores and stand alone buildings on outparcels. Our services typically also included the review of title and other due diligence materials, as well as the review and negotiation of complicated declarations of reciprocal easements, covenants and restrictions. With regard to New York City locations, our land-use attorneys represented the client in obtaining the necessary special permits or zoning variances.


    Assisted an internationally known, European mono-brand retailer in its U.S. leasing program in both the highest end retail centers for current merchandise and off-price centers for after-season merchandise liquidation. Centers include the Forum Shops in Las Vegas, Royal Hawaiian Shopping Center, Tyson’s Galleria in Virginia and Woodbury Common in New York.


    Assisted in a general, large scale development plan involving rezoning, special permits and siting of a public school in connection with plans to construct a 170 square foot mixed-residential, commercial and community facility building and public parking garage.


    Handled an application before the Board of Standards & Appeals to permit the construction of a 220 square foot residential building over extensive community opposition and controversy over the underlying zoning calculations for the design.


    Handled the authorization of the conversion of a former manufacturing building in a historic district by the Landmarks Preservation Commission and City Planning Commission into 91 units of housing.


    Obtained special permits and Waterfront Certification to permit construction of a 300 square foot. mixed building complex including 140 units of affordable housing and a new public park.


    Handled a general large scale development plan amendment to facilitate the acquisition of vacant land and development rights from the New York City Housing Authority for the development of three phases of affordable housing.


    Handled the foreclosure of a major, urban, residential, high-rise condominium project in which out-sales had already taken place, assisting the lender in matters related to the condominium association and in preparing a new public offering statement for outsales.


    Defended a foreclosure and negotiated and structured a workout related to a 400 unit residential phased development.


    Handled a foreclosure on an iconic urban office building and negotiating and documenting an assignment of sheriff's sale bid.


    Represented a borrower in structuring a deed in lieu transaction (in the context of a confirmed bankruptcy plan) to facilitate a §1031 deferred exchange.


    Negotiated and documented a workout in which the borrower provided additional collateral consisting of a 50 percent interest in a shopping mall and then acquiring such interest in a subsequent workout.


    Represented an institutional investor in the restructuring of significant portions of a multibillion dollar real estate portfolio.


    Closed the $253 million sale of a Manhattan office building in our offices. The 389,000 square foot building, known as the HarperCollins Building, 10 East 53rd Street, was sold by an Italian pension fund to SL Green, the REIT that is the largest owner of New York office buildings.


    Handled the sale of equity interests in entity that owned Wellington Apartment Complex located in Arlington, Virginia.


    Represented New Millennium Estates Ltd., in the sale of 10 East 53rd Street New York, New York for Italian Pension Fund.


    Represented Government of the Republic of Senegal, in the development of the site for the Senegal Mission to UN and Consulate.


    Represented IRSA International, Inc. in the Argentina/US Domino Sugar Development Site; however, the transaction did not close.


    Represented Mark Knopfler, in the lease of investment property at 36 Bank Street, New York, New York for a U.K. Investor.


    Represented Xin Zhang (Soho China), in the China/U.S. purchase of New York home for Chinese Developer.


    Represented a newly formed real estate limited partnership in a $100 million syndication of limited partnership interests.


    Represented a real estate investment trust in connection with the acquisition of whole loans, participations, A/B notes and mezzanine interests and has experience in negotiating both intercreditor and participation agreements.


    Handled the acquisition by merger of a publicly-traded REIT for $900M by another publicly-traded REIT


    Represented a large Philadelphia-based developer in the restructuring of a joint venture agreement for an existing multifamily apartment project located in Baltimore, which included the contribution of $9 million of additional equity by a new preferred equity investor.


    Represented a national developer in the work-out of a defaulted $35 million construction loan with respect to a failed Florida condominium project and the negotiation of a related partnership restructuring with the developer's joint venture partner.


    Represented SL Green Realty Corp., a publicly traded REIT and the largest commercial landlord in New York City, in the acquisition of a 9,650 square foot retail cooperative apartment at 747 Madison Avenue in Manhattan for a purchase price of $66 million.


    Represented a real estate investment management firm in its investment in and financing of the majority interest in a $2.5 billion joint venture formed to develop or redevelop a portfolio of 93 assets on 42 development sites located throughout the greater Washington, D.C., metro area, as office, retail, hotel and multifamily residential.


    Handled all aspects of the acquisitions of portfolios of office and industrial properties in Minnesota and Arizona, some by purchase of defaulted loans.


    Represented an affiliate of Arden Real Estate Partners I LP in its acquisition, in joint venture with affiliates of Carey Watermark and Marcus Hotels and Resorts, of the 372 room Atlanta Westin Perimeter Hotel. In less than thirty (30) days the team and our co-counsel negotiated and concluded the acquisition, joint venture, hotel management and franchise and loan documentation. Total acquisition and property committed property improvement costs were $57,000,000.


    Publications


    Financeable Ground Leases – They’re Not Just for Development Sites Anymore

    May 23, 2013

    Over the years, the uses of ground leases have expanded and evolved, turning the platform into a powerful tool in any number of new contexts. For example, shopping center developers have long used ground leases to allow others to develop anchor stores, or perhaps peripheral retail, hospitality or service facilities, ultimately to be operated in concert with the developer’s own buildings and common facilities. MORE


    Impact of Black + Vernooy on Subrogation Claims Against Design Professionals, Builders in Texas

    May 15, 2013

    Texas Supreme Court denied the plaintiffs’ motion for rehearing of a petition for review in a noteworthy case affecting construction defect claims in Texas – Black + Vernooy Architects v. Smith. The construction defects at issue involved a second-floor balcony at a vacation home. The general contractor and its subcontractors failed to attach the balcony to the structure in accordance with the design drawings and specifications, and the architect failed to detect the deviation from the design during construction. MORE


    Senator Charles McIlhinney Plans to Introduce Bill to Reform Pennsylvania's Building Code Adoption Process [Energy, Environmental and Utilities Alert]

    April 16, 2013

    Senator Charles McIlhinney (R-10) has circulated a memo indicating that he plans on submitting a bill to address various issues with the Pennsylvania building code review process, and to provide additional time and resources to allow the Review and Advisory Committee to do its work more effectively. MORE


    Fiscal Cliff Act Impacts on Energy Efficiency Credits [Real Estate Alert]

    January 07, 2013

    Besides extending the lower tax rates for millions of Americans, as well as avoiding across the board federal budget cuts, the eleventh-hour legislative compromise reinstated two business and personal tax credits applicable to energy efficiency residences and appliances. Contractors or developers of homes or low-rise multi-family projects, as well as individuals considering energy efficient renovations or appliance purchases, should consider the availability of these tax credits. MORE


    The Push for a Greener Philadelphia: City Adopts New Energy Benchmarking Requirements for Owners of Large Commercial Buildings [Real Estate Alert]

    December 14, 2012

    In August 2012, the mayor of Philadelphia signed into law Bill 120428-A, which establishes new energy benchmarking requirements for owners of certain large commercial and mixed-use buildings. The energy benchmarking bill requires owners of “covered buildings” to report and disclose data annually related to energy and water usage and other building characteristics.1 Covered buildings include any commercial building with at least 50,000 square feet, and all commercial portions of any mixed-use building where at least 50,000 square feet of the building is devoted to commercial use. MORE


    That's A Wrap [Construction Today]

    March 01, 2012

    That's A Wrap - Construction Today - It is important to know how wrap insurance is different from a traditional liability policy. MORE


    Using Nuisance Law as a Tool to Battle Environmental Pollution [New York Law Journal]

    October 21, 2011

    Using Nuisance Law as a Tool to Battle Environmental Pollution - New York Law Journal - The purpose of this article is to discuss the effects, if any, that the determination in American Electric will have on New York's common law involving actions to abate public and private nuisances caused by environmental pollution. In order to answer the question, the background of American Electric should be considered. MORE


    New Accounting Rules to Require Tenants to Reflect Operating Leases on Balance Sheet [Real Estate Alert!]

    July 05, 2011

    New Accounting Rules to Require Tenants to Reflect Operating Leases on Balance Sheet - Real Estate Alert! - consider the possible impact of new accounting rules to be issued shortly by the Financial Accounting Standards Board and the International Accounting Standards Board. These rules likely will eliminate the accounting distinctions between an operating lease and a capital lease, thus eliminating a tenant's ability to keep "liabilities" under an operating lease off its balance sheet. MORE


    Energy Alchemy: Turning Building Energy Use into a Profit Center [Real Estate Alert!]

    June 01, 2011

    Energy Alchemy: Turning Building Energy Use into a Profit Center - Real Estate Alert! - This Alert describes various strategies that a building owner or manager might employ to reduce energy costs or even transform them into building revenues. Co-Author Shapiro is both an attorney and a LEED Accredited Professional, and maintains a blog on green building legal issues at www.greenbuildinglawblog.com. MORE


    What Lies Beneath [Construction Today]

    June 01, 2011

    What Lies Beneath - Construction Today - MORE


    Bid Rigging In The Crosshairs [Construction Today]

    April 01, 2011

    Bid Rigging In The Crosshairs - Construction Today - MORE


    Hidden Traps: Builders should watch for the pitfalls of the Interstate Land Sale Full Disclosure Act [Construction Today]

    February 01, 2011

    Hidden Traps: Builders should watch for the pitfalls of the Interstate Land Sale Full Disclosure Act - Construction Today - MORE


    Pennsylvania Licensing Boards' Penalty Assessments Increasing [Real Estate Alert!]

    January 19, 2011

    Pennsylvania Licensing Boards' Penalty Assessments Increasing - Real Estate Alert! - This Alert cautions Pennsylvania real estate owners and property managers to examine whether their customary operating practices could lead to severe fines for the unlicensed practice of real estate brokerage by their executives and employees. While the Alert focuses on Pennsylvania law, the basic message is valid in all jurisdictions -- a periodic review of your customary operating procedures is critical to avoid a "drift" into administrative or regulatory minefields. MORE


    When an Unwilling Neighbor Nixes Necessary Underpinning [New York Law Journal]

    November 22, 2010

    When an Unwilling Neighbor Nixes Necessary Underpinning - New York Law Journal - What happens if the building code requires a developer to perform safety or protective work on an adjacent property in order to proceed with construction on the developer's property, but the neighbor will not grant access? MORE


    OSHA Proposes New Interpretation of Noise Standard for Construction and General Industry [Labor & Employment Alert!]

    October 19, 2010

    OSHA Proposes New Interpretation of Noise Standard for Construction and General Industry - Labor & Employment Alert! - On October 19, 2010, the Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register proposing to change the way in which the noise exposure standards for construction and general industry are interpreted, and modifying its enforcement policy accordingly. MORE


    The Developers' To-Do List While Waiting for Money to Thaw [Real Estate Alert!]

    October 15, 2010

    The Developers' To-Do List While Waiting for Money to Thaw - Real Estate Alert! - Tempting though it may be to spend time and effort on projects and tasks that got shunted aside during the heyday of the last real estate boom, but never went away, or on non-business pursuits, this is a perfect time -- even a critical time -- to position yourself and your businesses for the next economy. Please call us for additional suggestions, implementation advice, or just a good sounding board for your own ideas. MORE


    LEED Challenges [Construction Today]

    October 01, 2010

    LEED Challenges - Construction Today - MORE


    It’s Not Easy Being Green: New York City Adopts New Requirements Concerning Energy and Water Use Benchmarking, Energy Audits, Energy Use Retro-Commissioning, Lighting System Retrofitting and Electricity Submetering for Covered Buildings [Real Estate Alert!]

    September 15, 2010

    It’s Not Easy Being Green: New York City Adopts New Requirements Concerning Energy and Water Use Benchmarking, Energy Audits, Energy Use Retro-Commissioning, Lighting System Retrofitting and Electricity Submetering for Covered Buildings - Real Estate Alert! - This Alert addresses three local laws requiring energy conservation measures by owners of New York City residential and non-residential buildings containing more than 50,000 square feet of area. Although two of these local laws have compliance deadlines that are far in the future, some as early as 2013 and some as late as 2025, there are real advantages for those owners who elect to perform the work immediately. MORE


    To Eject or Evict - a Lease's 'Conditional' Dilemma [New York Law Journal]

    August 30, 2010

    To Eject or Evict - a Lease's 'Conditional' Dilemma - New York Law Journal - If I give you a thousand dollars and say, "here is a thousand dollars, it is a gift," it is a gift and, by definition, does not have to be repaid. If I give you a thousand dollars and say, "here is a thousand dollars, it is a loan," it is a loan and, by law, it is payable on demand. However, if I give you a thousand dollars and say, "here is a gift of a thousand dollars, you must repay it on demand," MORE


    SHARING RISK: Indemnification can be a valuable tool for builders [Construction Today]

    August 01, 2010

    SHARING RISK: Indemnification can be a valuable tool for builders - Construction Today - a familiar scenario – you are the general contractor on a large commercial project; the cast of characters working with you is huge,
    the relationships complex. As the general contractor, your primary responsibility is the coordination of the construction, including scheduling and logistics so the work of your subcontractors is carried out as efficiently and smoothly as possible MORE


    Pennsylvania Suspends the Expiration Dates of Development Permits and Approvals Until July 2, 2013 [Real Estate Alert!]

    July 07, 2010

    Pennsylvania Suspends the Expiration Dates of Development Permits and Approvals Until July 2, 2013 - Real Estate Alert! - This Alert addresses an Act passed by the Pennsylvania Legislature and signed by the Governor just this week, suspending the expiration dates of development permits and approvals issued by state and local governments and agencies throughout Pennsylvania. The Act applies to permits and approvals that expired after December 31, 2008, as well as those permits and approvals that are otherwise scheduled to expire prior to July 2, 2013. MORE


    Truth in Labelling: Is that lease really ‘triple net’? [New York Law Journal]

    June 21, 2010

    Truth in Labelling: Is that lease really ‘triple net’? - New York Law Journal - No matter the label, the “ triple net” nature
    of a lease ultimately depends upon its financial
    terms and allocation of risk. It is, however, usually inaccurate and misleading to conceptualize what is essentially a space lease transaction, shift some of the payment and/or performance obligations from the landlord to the tenant, and characterize the result as a “triple net lease.” MORE


    Colorado Legislature Poised to Alter Landscape of Insurance Coverage for Construction Defects [Insurance Coverage Alert!]

    May 03, 2010

    Colorado Legislature Poised to Alter Landscape of Insurance Coverage for Construction Defects - Insurance Coverage Alert! - Later this week the Colorado State Legislature is expected to pass HB 1394, a bill that will dramatically change the insurance coverage available for construction professionals arising out of faulty construction. The stated purpose of HB 1394 is to reverse General Security Indem. Co. of America v. Mountain States Mut. Cas. Co., 205 P.3d 529 (Colo. App. 2009), which held that claims for damages arising from poor workmanship, standing alone, do not allege an accident that constitutes a MORE


    Winning The Bid [Construction Today Quarterly]

    April 01, 2010

    Winning The Bid - Construction Today Quarterly - With the proliferation of public / private partnership, the potential launching of the PPIP program as part of the Federal Government’s Stimulus Plan and the need to plug financing holes with public funds on what in the past were exclusively privately funded deals, there are many pitfalls for the unwary developer / owner. One of the more unique aspects of publicly funded projects (whether in whole or in part) is the selection of contractors. MORE


    Who's At Fault? [Construction Today Quarterly]

    April 01, 2010

    Who's At Fault? - Construction Today Quarterly - MORE


    Chinese Drywall Litigation [Subrogation Whitepaper]

    July 09, 2009

    Chinese Drywall Litigation - Subrogation Whitepaper - In a prior Alert, Defective Drywall: The Not‐So‐Great Wall of China1, we discussed the reported problems with Chinese‐manufactured drywall (“Chinese drywall”). This whitepaper provides an overview of pending litigation
    arising out of the issues associated with Chinese drywall. From 2004 through 2006, the housing boom and rebuilding efforts necessitated by various hurricanes led to a shortage of construction materials. As a result, U.S. builders and suppliers MORE


    Tips for Expert Witnesses [Structure Magazine]

    April 01, 2009

    Tips for Expert Witnesses - Structure Magazine - MORE


    Construction Defects - Colorado Court of Appeals Rules Faulty Workmanship is Not an Occurrence [Insurance Coverage Alert!]

    March 17, 2009

    Construction Defects - Colorado Court of Appeals Rules Faulty Workmanship is Not an Occurrence - Insurance Coverage Alert! - On February 19, 2009, the Colorado Court of Appeals
    held that a claim for damages arising from poor
    workmanship, standing alone, does not allege an
    accident that constitutes an occurrence, regardless of the
    underlying legal theory pled. General Security Indemnity
    Company of AZ v. Mountain States Mutual Cas. Co. (Case Nos.
    CA07CA2291 & 07CA2292, February 19, 2009). MORE


    BIM! You've Been Sued! [STRUCTURE]

    February 01, 2009

    BIM! You've Been Sued! - STRUCTURE - It has not happened yet. To date, no law- suit has been filed based upon the use of
    Building Information Modeling (BIM) in a
    project. But it will. It's only a matter of time.
    Up until recently, BIM has mostly been used
    as a design tool in experimental, high profile,
    complex construction projects like the Freedom
    Tower at the former World Trade Center site,
    the London Hospital project, and refurbishment
    MORE


    Executive Insights [Constuction Executive]

    February 01, 2009

    Executive Insights - Constuction Executive - MORE


    Dangerous Liaisons: What to Do Before Things Go Wrong [Constructor Magazine]

    January 28, 2009

    Dangerous Liaisons: What to Do Before Things Go Wrong - Constructor Magazine - An indemnification or hold- harmless clause in a construction contract shifts liability and protects parties involved in the agreement.
    Take a typical scenario: an owner hires an architect and a general contractor to design and build an addition. The general contractor hires various subcontractors. During construction, a collapse occurs, causing extensive damage and injuries. The injured workers file lawsuits against the owner, architect, GC and various subs. MORE


    Risk Management 101 [BEST'S REVIEW]

    August 01, 2008

    Risk Management 101 - BEST'S REVIEW - The value of customer data is recognized by all businesses. Each piece of data brings power but also risks. You can use it, sell it, update it, ignore it - even and here's the catch - lose it.

    If your business possesses personal, identifiable, information such as Social Security numbers of dates of birth, customer account information such as account numbers and expiration dates, or medical records, then you have a legal duty to maintain the privacy of that information. MORE


    Construction Contract Pitfalls [ForConstructionPros.Com]

    July 10, 2008

    Construction Contract Pitfalls - ForConstructionPros.Com - Whether you have a high-priced lawyer on retainer, a lawyer friend, or no legal advisor whatsoever, before you sign on any dotted line - you must personally read the contract - the whole contract - thoroughly understand it, and ensure you can live up to its terms. Many believe that as long as the business terms are
    acceptable, they do not have to pay attention to all the legal "mumbo jumbo." Nothing could be further from the truth. There are a number of boilerplate terms in construction MORE


    Hiring the Right Subcontractor for the Job [ForConstructionPros.com]

    July 08, 2008

    Hiring the Right Subcontractor for the Job - ForConstructionPros.com - A general contractor is like the head coach of a football team: the buck stops here. When there are problems on a construction project, the owner expects the contractor to fix them.
    Sometimes a contractor can compel the subcontractor who caused the problem to fix it. For example, if the HVAC system isn't working properly, the contractor can have the HVAC subcontractor patch the leaking ducts or re-balance the system. But sometimes it doesn't MORE


    Emerging Risks of Green Construction [STRUCTURE]

    June 01, 2008

    Emerging Risks of Green Construction - STRUCTURE - Will LEED® Lead Construction Professionals to Court More Often? MORE


    The Electronic Paper Chase: What You Don’t Save Can Hurt You [Constructor]

    April 01, 2008

    The Electronic Paper Chase: What You Don’t Save Can Hurt You - Constructor - Over the past decade, an increasing amount of business is being conducted electronically, much of it by e-mail. It's estimated that there are more than one billion business e -mails created in the U.S. each day. Less than 20% of these are ever printed, and 95% or more of all new
    documents are stored electronically. Some formal structure was needed to govern this volume of data within the litigation context. MORE


    Insurance Coverage is Not One Size Fits All [ForConstructionPros.Com]

    March 25, 2008

    Insurance Coverage is Not One Size Fits All - ForConstructionPros.Com - Construction contractors typically secure commercial general liability (CGL) insurance policies and assume that these policies address all of their risks. However, these CGL policies may not always apply or cover all risk scenarios that a contractor may face in a construction project. In fact, there are a variety of instances in which CGL policies may not provide the protection contemplated by a contractor. Let's discuss a few. MORE


    Contract Clauses to Know and Love [STRUCTURE]

    January 01, 2008

    Contract Clauses to Know and Love - STRUCTURE - MORE


    The Effect of Co-workers’ Actions in Scaffold Law Cases [The Defense Association of New York]

    December 01, 2007

    The Effect of Co-workers’ Actions in Scaffold Law Cases - The Defense Association of New York - The superseding actions of a third party have long been recognized in negligence cases as breaking the link between a defendant’s conduct and a plaintiff’s injury. The defense is also available when defending Labor Law § 240(1) claims, and Labor Law attorneys should keep this in mind. MORE


    Are You Really Covered By Your Insurance? [STRUCTURE]

    December 01, 2007

    Are You Really Covered By Your Insurance? - STRUCTURE - Engineers and other entities in the construction industry must understand their policies, the extent of the coverage provided, the effects of various exclusions in the polices and the duties arising under the policies and applicable contracts (in terms of defending or indemnifying another contractor or subcontractor) in order to adequately protect themselves when a catastrophic event occurs during construction. MORE


    The Care and Feeding of an Expert Witness - Watch Out, They May Bite! [STRUCTURE]

    October 01, 2007

    The Care and Feeding of an Expert Witness - Watch Out, They May Bite! - STRUCTURE - MORE


    Sorting Out Liability after a Disaster [STRUCTURE]

    September 01, 2007

    Sorting Out Liability after a Disaster - STRUCTURE - Architects and engineers are often involved in all aspects of planning and designing a building, perhaps supervising construction and maintaining safety standards. A person providing such professional services has the legal duty to exercise the degree of skill, care and dilligence common to other professional members under similar circumstances. Because architects and engineers possess knowledge, skill and training superior to that of the ordinary person, MORE

    Events & Seminars

    Investing in Distressed Real Estate: Risks and Rewards St. Davids, PA 05/18/2011
    Best of Greenbuild, Sustainable Design Competition Philadelphia, PA 04/28/2011
    Developing the 21st Century: Land Use, Construction Law, and Project Finance in the Built Environment New York, NY 01/25/2011
    Land Use: Recent Developments In Zoning, Land Use And Building Controls New York, NY 11/08/2010

    Press Releases


    Cozen O’Connor Member Appointed to County Industrial Development Authority

    January 01, 1900

    Adam Silverman, a member of the firm's Real Estate Group, was appointed by the Montgomery County Commissioners to the board of the Montgomery County Industrial Development Authority. MORE

    In The News


    Tom Gallagher Quoted in Wall Street Journal on Ending REIT Tax Exemption

    April 24, 2013

    Gallagher notes, “It would be a major issue. You’ve got an entire industry … predicated on the idea that you will not have any level of tax imposed on those entities.” MORE


    Cozen O’Connor Associate Talks to Philadelphia Inquirer About New Help for Green Businesses

    May 26, 2011

    Cozen O’Connor Associate Talks to Philadelphia Inquirer About New Help for Green Businesses MORE

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