A successful real estate project requires more than just well-drafted contracts and properly titled deeds; you need a highly experienced team that can handle all aspects of the process from start to finish. The attorneys at Upshaw & Ware, LLC have successfully worked for and with some of the largest real estate developers and businesses in the world, such as Home Depot, Georgia-Pacific, and The University of Georgia. Our team leverages this experience for real estate developers and equity investors.
Real estate is a high-stakes market that moves fast. The Upshaw & Ware team provides the experienced guidance you need. We are tightly focused on real estate, which allows us to move quickly and efficiently through the entire process without compromising the quality or diligence needed to succeed.
Site Acquisition and Assemblage
The first step in developing real estate is, unsurprisingly, acquisition. We draft and negotiate purchase and sale agreements, option contracts, and rights of first refusal that fully account for your resources and needs. Our team structures these transactions to give you control of the site while also limiting your risk exposure.
Furthermore, we handle complex title issues before they become a bottleneck. Our team reviews historical easements, restrictive covenants, mineral rights, and other title matters that might interfere with planned development. For example, if we discover a title defect, we negotiate directly with title insurance companies for affirmative coverage or we can even work to clear the encumbrance entirely.
Joint Ventures and Equity Structuring
Most large-scale developments rely on joint ventures between a sponsor and their equity partners. We formalize these relationships by negotiating and drafting operating agreements focusing on distribution waterfalls and major decision rights. These agreements define what happens when partners disagree, such as by including buy-sell provisions and forced sale mechanisms that provide a clear exit strategy. Our team’s corporate in-house experience helps us understand the richly detailed financial models that drive these deals.
Construction and Architectural Agreements
The design and construction phase of your projects carries significant liability that can sink your entire plan if not properly accounted for. Our team negotiates contracts with your architects, engineers, skilled craftsmen, and general contractors. We work to shift risk appropriately and protect your budget.
Construction Financing
Banks and financial institutions require strict compliance to the law and the terms of your loan. The Upshaw & Ware team negotiates loan agreements not just with institutional lenders but also syndicated lending groups and private equity funds.
Additionally, we review the lender’s requirements for the construction draws and help design your internal processes so that they comply with expectations. For example, many lenders require that each project be controlled by a single-purpose entity. We help create these entities, which often includes independent director provisions and non-consolidation options.
Managing Development Risk
Unlike stock trades, real estate development can take years. Market conditions can change (and change again and again), contractors can face short-term or long-term labor shortages, supply chains can break down, and you may wish to put your capital into another project.
These disruptions are common in the real estate world. The experienced real estate attorneys at Upshaw & Ware guide clients through these disruptions. Additionally, our team helps manage dispute resolution when issues escalate. We focus on solving problems quickly and practically as they may arise, and we fully leverage our experience when a dispute requires formal resolution, including litigation.
Our Team Helps You Secure and Develop Real Estate
At Upshaw & Ware, our tight-knit legal team prides itself on being responsive, diligent, and solution-oriented above all else. We understand that “slow and steady” does not always win the race in commercial real estate. We bring entrepreneurial instincts to your complex projects. We deliver the results you expect from a premium firm at the right value.
If you are developing commercial real estate, contact our team today.