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Real Estate Development


Commercial real estate projects require complex planning, structuring and documentation. The attorneys of the Wooden & McLaughlin Real Estate Practice Area provide sophisticated representation for local, regional and national developers and owners serving the industrial, office, retail and multifamily markets. We regularly assist in site acquisition, land use and zoning, joint venture structuring, financing, development, establishment of shared use and easement regimes, and disposition.

Representative Matters
Office and Industrial
  • Acquisition and development of major office and industrial parks in the Indianapolis, Charlotte, Louisville, Phoenix and Denver metro areas
  • Disposition of over three million square feet of office and industrial facilities located in various states, including Indiana, Florida, Kentucky, North Carolina, South Carolina, Nevada, California and Michigan
  • Disposition of 76 acre commercial project in suburban Atlanta with an estimated redevelopment value of several hundred million dollars
Retail
  • Acquisition and development of power centers located in Indianapolis, Indiana, Terre Haute, Indiana, Lafayette, Indiana, Valparaiso, Indiana, Brownsburg, Indiana and Bryan, Texas
  • Acquisition and development of the first lifestyle shopping center to be located in State of Indiana
  • Acquisition and development of neighborhood, strip and stand-alone retail projects located in the State of Indiana
Multifamily
  • Acquisition and development of multifamily communities throughout the Midwest and in North Carolina
  • Acquisition and brownfield development of large multifamily complex located in downtown Indianapolis
  • Acquisition of high rise development located in Indianapolis, Indiana
  • Acquisition and development of numerous assisted living facilities located in Indiana, North Carolina and Ohio
Mixed-Use
  • Acquisition and development of mixed use office, industrial and retail project located in North Carolina
  • Acquisition and development of mixed use air rights project located in Charlotte, North Carolina

Construction Law
Time, effort, and money are heavily invested in every construction project. Lengthy legal disputes can bog down projects, making them unprofitable for everyone involved. The attorneys of the Wooden & McLaughlin Real Estate Practice Group can handle cases involving a variety of areas, including mechanics and construction liens, construction defects, contractor licensing, contractor disputes, and breaches of contract. Our attorneys have substantial experience in handling complex matters, representing both businesses and individuals engaged in construction contract disputes.

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.

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