Real Estate Development

Recent News:

Elizabeth Kearney Named a 2025 GlobeSt. Woman of Influence

Elizabeth Kearney, vice chair of Cozen O’Connor’s Real Estate practice, has been named a 2025 GlobeSt. Woman of Influence.

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Cozen O’Connor operates a comprehensive Real Estate Development Practice that represents developers, owners, and investors in their most critical projects in communities across the country. The team is adept at leading development of all types, whether new construction, major renovations, or adaptive reuse. Firm attorneys have the technical skills to manage each discrete aspect of a development project and the perspective to ensure the project as a whole is structured to maximize synergy, efficiency, and value.

Experience

There is no substitute for experience — and attorneys at Cozen O’Connor have decades of experience leading development at every scale, from the relatively straightforward development of raw land for a single purpose to the hugely complex multi-use redevelopment of an assemblage of built properties. Examples of major recent engagements include:

  • Represented a joint venture between Gattuso Development Partners and an international investor in the development, with Drexel University, of a $450 million, 11-story, 500,000 sq. ft. life sciences/lab building on Drexel’s campus in Philadelphia, named the 2022 Real Estate Deal of the Year by the Philadelphia Business Journal.
  • Represented a regional rail transportation authority in a JV and ground lease agreement with an affiliate of a national development company for a multi-phase, mixed-use development on 15 acres of publicly owned land in Hollywood. 
  • Represented HSBC Bank USA, National Association in connection with a 5.4-million sq. ft. mixed-use development, known as Manhattan West, being built as part of the Hudson Yards Redevelopment in New York City. The project consists of two large office towers and two smaller residential towers, as well as a 1.5-acre public park.
  • Represented the equity partner in a joint venture to redevelop an industrial building in Los Angeles as 376 low-income housing units and retail space. Subject to City of Los Angeles housing vouchers, land use restrictive covenants, real estate tax exemption criteria, and public sector welfare subsidy investment, the project required rezoning, environmental remediation, and construction finance.

Services

  • Site Acquisition and Property Assemblage. Conduct site analysis and negotiate acquisition agreements with private, institutional, and governmental property owners.
  • Ownership Structures. Create condominium, record lot, assessment and taxation lot, master lease, and other structures to facilitate separate ownership and financing of portions of a development. Draft necessary sitewide declarations and easement agreements to ensure harmonious construction, ownership, operation, and use of the various portions of the project.
  • Land Use & Zoning and Entitlements. Counsel clients on land use, zoning, easements, and rights of way; obtain necessary entitlements, permitting, and approvals; conduct due diligence of title, surveys, and environmental site issues; and oversee lot subdivision.
  • Joint Ventures. Form joint ventures on behalf of both sponsors and equity investors and negotiate mutually advantageous JV agreements. Advise on core issues of contribution requirements, distribution waterfall, internal governance, and remedial rights and remedies.
  • Real Estate Finance and Tax. Advise on capital structure, including permanent and bridge financing, construction loans, mezzanine loans, preferred equity investments, and syndicated and CMBS loans. Evaluate tax implications of financing structures, including use of Opportunity Zone incentives.
  • Construction. Negotiate design, engineering, and construction contracts; monitor development and address site issues, change orders, and delays; and resolve disputes and handle construction litigation.
  • Leasing and Management. Advance the business plan, whether the goal is to execute an immediate disposition or to own, lease, and manage in the long term. Negotiate lease agreements with sophisticated tenants, review management and compliance procedures, and identify profitable exits.

Distinction

Cozen O’Connor continues to invest heavily in maintaining full-service real estate development capabilities. Unlike many of our Big Law peers who have stepped back from so-called “dirt law” to focus narrowly on high-margin finance work, we have opted to maintain a broad reach for the simple reason that we believe it is best for our clients. The last thing commercial real estate developers and investors need is more siloed advice divorced from reality on the ground. They need advice from experienced attorneys who see both the forest and the trees and are fully prepared to provide coordinated and multidisciplinary guidance throughout the entire course of a development project.  

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Experience

Represented a financial partner in connection with a joint venture transaction involving the development of a new headquarters building in the Mid-Atlantic region for a division of major publicly traded corporation and the representation of the joint venture in connection with a construction loan for the development.


Represented a buyer in its joint venture with a sponsor to develop a 324-unit multifamily property in Summerville, SC, and also handled the construction loan financing and the negotiation of the various construction agreements.


Represented the Cantor Silverstein Opportunity Zone Trust in the development and financing of 3.0 University Place, a 250,000 sq. ft. life sciences, commercial lab, retail, and office building in West Philadelphia. This development supports Philadelphia's burgeoning life sciences sector and includes long-term space for established research institutions as well as a floor dedicated to pre-built "Growth Pods" with short-term and flexible leases for smaller-scale life science companies.


Represented Safehold, Inc., a publicly traded corporation that originates real property acquisition and ground lease transactions, in connection with construction financing for a modular student housing project located at 1598 University Avenue in Berkeley, CA. As lead transactional counsel for Safehold, the landlord/lender, Cozen O’Connor drafted and negotiated the purchase and sale agreement, ground lease, the development agreement, and related ancillary documents; construction loan documents; general contractor contract; and negotiated recognition agreements with the preferred equity investor. Further, given that the project involves modular construction, a large portion of the development costs is budgeted for modular student housing units that will be fabricated off-site. Accordingly, Cozen O’Connor negotiated the modular unit subcontract and drafted and negotiated bespoke security agreements. This matter required complicated maneuvering to ensure that each capital source fits within the overall transaction structure.


Represented the equity investment partner in a joint venture with development partners in the rezoning, entitlement, development, and construction financing (mortgage and preferred equity) of a 26-acre, for-rent, mixed-residential development project in Texas that includes 192 mid-rise apartments, 28 townhouses, and 94 single-family homes with eight acres of dedicated greenspace/wetlands.


Represented the equity investment partner in a joint venture transaction with a development partner in connection with the demolition of an industrial building in Los Angeles that also involved the rezoning, entitlement, development, and construction financing of 376 low-income housing units as well as 6,500 sq. ft. of retail space. With the project subject to Housing Authority of the City of Los Angeles vouchers, Los Angeles land use restrictive covenants, and California Revenue and Taxation Code (Section 214(g)) real estate tax exemption criteria, the representation involved negotiating real estate tax exemption documentation, a guaranteed maximum price construction contract, not-for-profit welfare asset management participation, public sector welfare subsidy investment, environmental remediation, and construction loan documentation.


Representing Safehold, Inc., a publicly traded corporation that originates real property acquisition and ground lease transactions, in connection with a complicated and highly structured parcel assemblage, acquisition of parcels (from multiple third parties), and creation of a ground leasehold estate for The Hunter Apartments, a new, ground-up multifamily development in Colorado Springs, CO. The $89 million transaction required innovative structures to balance the ground lessee’s and leasehold lender’s different interests.


Represented a regional developer in connection with obtaining zoning entitlements for the new construction of a 46-story tower, consisting of 213 residential units, above an existing one-story building in Center City Philadelphia. The completed project will stand among the city's tallest residential towers.


Served as land use counsel to a developer for a commercial development in the Long Island City neighborhood of Queens, including negotiating a design and construction phase agreement with Amtrak, negotiating an easement agreement with the LIRR, and bringing an action to quiet title for a portion of the development site.


Served as land use counsel to a developer for the development of a site in the Jackson Heights neighborhood of Queens, including obtaining a discretionary approval from the Board of Standards and Appeals regarding the height of the building due to its proximity to LaGuardia Airport.


Represented the lender in connection with a $48.4 million loan for a multifamily development in Bethesda, Md. 


Represented a joint venture between a leading national developer/investor and a top tier local developer, as borrower, in a complex $176 million senior and mezzanine construction loan facility to fund a luxury multifamily project that is planned to be the tallest building in the State of Utah and is being built to the highest environmental standards.


Publications

2025 Real Estate Market Pulse Survey

July 14, 2025

Cozen O’Connor’s Real Estate Practice conducted a comprehensive survey to capture the pulse of the real estate investment community. The survey aimed to understand how current economic conditions, fluctuating interest rates, and recent geopolitical events are influencing investor decisions.

A CTA Injunction Remains Despite Supreme Court Stay [Alert]

January 27, 2025

Larry Laubach, Ingrid Welch, and Steve Katkov discuss the U.S. Supreme Court decision to stay the injunction issued by the Fifth Circuit Court of Appeals in the case of Texas Top Cop Shop, Inc. v. Garland.

The First Sale Doctrine: A Strategic Tool to Reduce Import Values & Lower Tariffs with U.S. Customs [Alert]

January 09, 2025

Heather Marx, Tom Wallrich, and Kristi Zentner discuss the First Sale Doctrine and how this tried-and-true strategy may be implemented by importers to minimize tariffs.

Update on Enforcement of CTA – Deadlines Extended [Alert]

December 24, 2024

Larry Laubach, Steve Katkov, and Ingrid Welch discuss the Fifth Circuit's granting a stay of the district court’s preliminary injunction entered in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al. Enforcement of the CTA is back on and reporting companies are required to file their beneficial ownership reports.

Strategies to Minimize Tariff Costs Under the Trump Administration [Alert]

December 12, 2024

Heather Marx, Thomas Wallrich, Kristi Zentner discuss key strategies for companies to minimize tariffs and duties now as a business cost or production input.

“City of Yes for Housing Opportunity” Approved by the City Council [Alert]

December 06, 2024

Vivien Krieger, Rachel Scall, and Meenakshi Srinivasan discuss the new citywide zoning regulations passed by city council to facilitate housing development throughout the five boroughs.

Texas Federal Court Issued Preliminary Injunction on Enforcement of Corporate Transparency Act [Alert]

December 05, 2024

The CTA team discusses the preliminary injunction issued by a Texas-based federal court prohibiting the federal government from enforcing the Corporate Transparency Act on a nationwide basis.

Understanding Indemnification: Protecting Board Members in Co-ops and Condos

December 02, 2024

Leni Cummins discussed personal liability and indemnification of board members in Habitat Magazine's Legal Lessons column.

[+] [View All Publications]

Events & Seminars

Upcoming Events

Zoning, Code, & Policy: Navigating the Regulatory Maze & Collaborating with Cities for Impact

October 29, 2025 - New York, NY

Rachel Scall will moderate the panel “Zoning, Code, & Policy: Navigating the Regulatory Maze & Collaborating with Cities for Impact” at the IMN CRE Conversions Forum.

Past Events

The Hospitality Law Conference - Washington D.C. 2025

September 17, 2025 - Arlington, VA
[+] [View All Events]

In The News

Jeffrey Mills Appointed to Washington County Redevelopment Authority Board

July 25, 2025

Jeffrey Mills has been appointed to the Board of Directors of the Washington County Redevelopment Authority for a four-year term.

Seven Cozen O’Connor Attorneys Named to 2025 Minnesota Super Lawyers

July 15, 2025

Christopher J. Bellini, Heather L. Marx, and Thomas G. Wallrich were recognized as Super Lawyers, and Paul D. Hallgren, Cassandra Jacobsen, Samuel E. Mogensen, and Jon M. Schoenwetter were named Rising Stars.

Elizabeth Kearney Named a 2025 GlobeSt. Woman of Influence

April 21, 2025

Elizabeth Kearney, vice chair of Cozen O’Connor’s Real Estate practice, has been named a 2025 GlobeSt. Woman of Influence.

Bureaucrats to City: We’ll Keep Housing Ambitions on Track

November 27, 2024

Ken Fisher is quoted in The Real Deal’s article regarding the Department of Housing Preservation and Development’s establishment of affordable housing units.

David Tabak’s and Meyer Lebovits’ Big Borough Park Project Nabs Approvals

November 14, 2024

Ken Fisher is quoted in The Real Deal’s article regarding Brooklyn Yards, a 14-building, 270-unit development that will be constructed on top of a freight rail line.

Cozen O’Connor Brings its Cross-Border Real Estate Practice to Canada, Adding Three Lawyers in Toronto

January 29, 2024

Enzo Sallese, Steven I. Pearlstein, and Andrea Wong — will join its fast-growing North American Real Estate practice.

Second Annual Cozen O’Connor Real Estate Survey Reveals Large Drop in Optimism About New York Market

November 14, 2023

New York City real estate professionals’ confidence in the city’s short-term future dropped by a quarter since last year, while pessimism tripled, according to a survey conducted by the law firm of Cozen O’Connor.

NY Lawmakers Surprised by Hochul’s Reported 421a Revival Talks With REBNY and Labor

July 13, 2023

Ken Fisher is quoted in the Commercial Observer in an article discussing New York Governor Kathy Hochul's attempt to revive a tax incentive for developers through an executive order.

Commercial Real Estate Gets Some Good News in City Council Primary

June 29, 2023

Ken Fisher is quoted in the Commercial Observer discussing the 2023 City Council primary election. Several pro-business candidates won their respective races, signaling a potential shift in the city's approach to real estate policies.

[+] [View All News]

Contacts

David Tiger

Member

dtiger@cozen.com

(202) 912-4899

Robert M. Careless

Chair, Philadelphia Land Use & Zoning Practice

rcareless@cozen.com

(215) 665-4798

Jonathan W. Knipe

Co-Chair, Real Estate

jknipe@cozen.com

(212) 453-3940

Matthew I. Weinstein

Chair, Real Estate Lease Restructuring

matthewweinstein@cozen.com

(215) 665-4199

People

Awards

Seven Cozen O’Connor Attorneys Named to 2025 Minnesota Super Lawyers

July 15, 2025

Christopher J. Bellini, Heather L. Marx, and Thomas G. Wallrich were recognized as Super Lawyers, and Paul D. Hallgren, Cassandra Jacobsen, Samuel E. Mogensen, and Jon M. Schoenwetter were named Rising Stars.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O'Connor Promotes 28 Attorneys to Member

March 25, 2022

Cozen O'Connor promoted 28 attorneys to member in March.

Related Practice Areas

Upcoming Event:

Zoning, Code, & Policy: Navigating the Regulatory Maze & Collaborating with Cities for Impact

New York, NY 10/29/2025

Rachel Scall will moderate the panel “Zoning, Code, & Policy: Navigating the Regulatory Maze & Collaborating with Cities for Impact” at the IMN CRE Conversions Forum.

Event Details

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