Commercial leasing drives the cash flow and ultimate valuation of any real estate asset. Upshaw & Ware, LLC represents landlords and tenants in complex leasing transactions across the country. We handle the leasing and capitalization of commercial real estate. We negotiate leases that protect asset value, allocate operational risk clearly, and position the property for future sale or financing.
Our clients are developers, equity investors, and corporate tenants operating nationwide. We are sophisticated deal lawyers who provide institutional-quality work with a personal commitment to your business goals.
Office Leasing
While offices seem simple enough, the leases behind them are some of the most legally and financially dense documents in the realm of commercial real estate. The Upshaw & Ware commercial real estate team has many years of experience successfully representing both owners of high-rise office buildings and tenants leasing significant square footage.
We negotiate operating expense provisions by focusing on capital expenditure exclusions and gross-up provisions. Our attorneys also draft highly detailed work letters that govern the construction of the tenant’s initial improvements. Specifically, we do this by addressing space planning, construction bidding, ultimate ownership rights, and the distribution of the tenant improvement allowance.
Retail Leasing
Retail leasing presents unique operational challenges. We negotiate leases for shopping centers, mixed-use developments, and street-level retail spaces. We focus on the provisions that drive retail success, and we negotiate exclusive use provisions that prevent landlords from leasing to direct competitors within the same center.
Industrial and Warehouse Leasing
The industrial sector demands leases tailored to heavy usage. We represent landlords and tenants in logistics facilities, manufacturing plants, and distribution centers. Industrial leases require specific attention to environmental indemnities, given the hazardous materials often used or stored on site. We clearly define maintenance and repair obligations for the roof, structure, and specialized building systems like HVAC and heavy electrical infrastructure. We also address parking, loading dock access, and property specifications to ensure the facility meets the tenant’s operational needs.
Ground Leases
We negotiate long-term ground leases for developers who want to build on land they do not own. We draft provisions that protect the leasehold mortgagee, including broad rights to cure tenant defaults and the right to enter into a new lease directly with the landlord if the original lease is terminated. We also negotiate rent reset mechanisms, addressing the appraisal processes used to determine fair market value decades into the future.
Subleasing and Assignments
Businesses change, and tenants often need an exit strategy. We draft and negotiate subleases and lease assignment agreements. We review the master lease to determine the specific consent requirements for transfers. We negotiate the landlord’s recapture rights and profit-sharing provisions. We also structure complex corporate transfers, ensuring that a merger, acquisition, or internal reorganization does not trigger a default under the lease.
Lease Enforcement and Dispute Resolution
Having a carefully worded and highly detailed lease is important for both sides. Ideally, a lease makes each party’s obligations clear and provides remedies for any breaches. But leases are also like laws; they do not matter if they cannot be properly enforced.
To solve this issue, our team drafts clear notice and cure letters. We negotiate lease buyout agreements. Our attorneys are also experienced in handling complex workouts when a tenant is in financial distress, such as by structuring fair rent deferral agreements and forbearance plans that maximize the landlord’s recovery while keeping the space occupied and productive.
The Upshaw & Ware Difference
The attorneys at Upshaw & Ware focus on leveraging our experience in large global law firms and major corporate legal departments to get the clients the results they need. We provide premium quality legal work without being overly flashy or pretentious. We focus on being accessible and straightforward. When you hire Upshaw & Ware, you get top-tier lawyers delivering real results at the right value.
Contact our team today for your commercial real estate development needs.