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Real Estate Construction & Development


Wooden & McLaughlin has one of the most experienced, diverse real estate groups in Indiana. We have extensive experience in virtually any kind of real estate development matter. Commercial real estate projects require complex planning, structuring and documentation. The attorneys of the Wooden & McLaughlin Real Estate Practice Group provide sophisticated representation for local, regional and national developers and owners serving the industrial, office, retail and multifamily markets.

Our team approach allows clients to take advantage of legal resources in related areas. The result is seamless, high-quality representation for businesses and individuals in Indiana and throughout the country.

Construction
Our attorneys assist our clients with a wide-range of construction needs including:
    • AIA contracts
    • Bid protests & mistakes
    • Changes & differing site conditions
    • Construction defects
    • Contract negotiations & drafting
    • Defaults & terminations
    • Delay & impact claims
    • Design build issues
    • Mechanics' liens & related payment remedies
    • Public contract law
    • Site safety & OSHA claims
    • Surety law & bond claims

Green Building

Green building initiative are rapidly becoming commonplace for new real estate development projects. LEED provisions are becoming more common in contracts, leases, and real estate marketing materials. Legislation from the Indiana General Assembly requires certain new government building construction projects to follow LEED construction guidelines. And to underscore the rising important of green building, the U.S. Green Building Council has established an accreditation process for advisors. One of the firm’s attorneys, Robert F. Inselberg, is one of the first attorneys in Indiana to obtain professional accreditation from the U.S. Green Building Council as a LEED Green Associate.

Our attorneys are able to advise developers, owners, architects, and contractors on the legal issues associated with green building. Emerging legal and regulatory issues associated with green real estate typically fall within the following five key areas:

    1. Leases
    2. Regulatory Compliance
    3. Construction Contracts
    4. Insurance Coverage/Risk Mitigation
    5. Litigation

Some of the services we perform include:

    • Reviewing, preparing, and negotiating green construction contracts and leases
    • Providing counsel during the course of the LEED certification process
    • Identifying financial incentives for green development
    • Drafting contracts containing compliance language
    • Reviewing appropriate insurance coverage for green building projects
    • Reviewing or drafting green building project marketing language on behalf of owners or developers
    • Reviewing and preparing written comments and advice with respect to drafts of green building ordinances

Green Litigation

With LEED provisions becoming more common, we anticipate that there will be an upswing in litigation relating to “green building.”   Our attorneys have analyzed the reported green building litigation actions across the country and are constantly on the lookout for new reported cases in the area.   We monitor these cases in hopes of protecting our clients from inadvertently falling into some trap.  If necessary, however, we are prepared to use our construction and litigation experience to protect our clients’ interests.

Land Acquisition or Disposition
Buying, selling or investing in real estate requires extensive planning. We help our clients answer key planning questions including what kind of entity should hold title. We will help structure the entity and then negotiate the purchase and sale contract, conduct due and will draft all necessary closing documents. When it's time to sell, our legal team will advise clients on a variety of issues, including how to minimize tax consequences.

Leasing
Our team includes several attorneys who have significant and varied leasing experience. We represent landlords and tenants in office, medical office, retail, industrial and warehouse leasing.

Real Estate and Construction Disputes
We have attorneys who are concentrate on the litigation of real property disputes. Their broad-based experience covers areas such as:

    • Breach of contract cases
    • Commercial landlord lease enforcement
    • Condemnations
    • Foreclosures
    • Landlord/tenant disputes
    • Land-use disputes
    • Mechanic’s lien enforcement
    • Zoning and land use disputes
We strive for proactive participation in litigating complex real estate issues, such as vested rights and regulatory takings. This further enhances our ability to anticipate and identify problems and helps save our clients time and money.

Real Estate Finance
The attorneys of the Wooden & McLaughlin Real Estate Finance Practice Group represent major financial institutions, regional lenders, other providers of capital and borrowers in structuring and closing construction, term, permanent and mezzanine loans, including commercial mortgage loans intended for securitization, syndication or other secondary market conduit programs.

Taxation
We advise clients with respect to tax aspects of acquisitions and dispositions, financing techniques, partnerships, joint ventures and other real estate matters so they can structure their real estate transactions to maximize tax benefits.

Zoning and Land Use
Making a mistake in the permitting process can kill a project. We regularly advise clients about both developed and undeveloped properties.

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