Real Estate Acquisitions & Dispositions
Fundamental to our real estate practice are the acquisition and disposition of every conceivable type of real estate asset, including raw land, commercial, retail, office, industrial, master-planned residential, multifamily, and mixed-use projects. Our services include:
Document Negotiation. We negotiate and draft brokers’ listing agreements, letters of intent, option agreements, purchase and sale agreements, deeds, assignments, and other documents required in connection with the closing and any other contracts required in connection with, or unique to, a transaction.
Due Diligence Review. Clients seek our advice with site selection analysis; economic feasibility studies; physical, environmental and land use due diligence; title and survey review; lien and litigation searches; and corporate authority concerns.
Financing. Our attorneys negotiate and document every conceivable type of financing product associated with a real property acquisition. We also negotiate and coordinate the payoff, assignment, and assumption of existing loans.
Lease and Contract Review. We review and analyze existing leases and contracts, identify and obtain requisite third-party consents to transactions, and ascertain, among other things, the rights and costs to assign or terminate applicable leases and contracts.
Risk Management. Our attorneys place great emphasis on the long-term implications of client transactions. This includes sophisticated and strategic risk management review and analysis, with a focus on indemnity protection, insurance coverage, waivers and releases, disclosures, post-closing rights, and alternative dispute resolution.
The frequency with which we deal with complex transactions gives us a distinct advantage in effectively addressing our clients’ concerns and providing services that may be unfamiliar with less specialized firms. We recognize the unique nature of each deal and the need to be flexible in approach and creative when solving complex problems. Each transaction presents unique issues and challenges that our attorneys face and resolve every day.
Workouts & Commercial Remedies
Shumway Van represents lenders, loan servicers, borrowers, and tenants and landlords in defense and enforcement litigation, transactional workouts, and bankruptcy matters. We also represent both sellers and purchasers of distressed loans and properties, and provide legal expertise in related areas. Our services include but are not limited to:
Representation of Lenders and Services. We have considerable experience in renegotiating troubled loans, addressing lender liability exposure, strengthening the lender’s position if the borrower ultimately files bankruptcy, and making arrangements for resumption of loan payments and/or setting deadlines for disposition or refinancing of property.
Workouts. A successful workout requires the ability to deal with a wide variety of issues, and we take advantage of the unique wealth of information and expertise possessed by our firm’s colleagues. Our overall approach to workouts is a “business oriented” one that sensitizes the client to relevant legal issues and tailors the legal response to conform to the client’s business considerations.
Judicial Foreclosures and Receiverships. Our attorneys have extensive experience in receiverships, prosecuting and defending judicial foreclosure matters of varying sizes and degrees of complexity, and obtaining and collecting deficiency judgments.
Bond Litigation. We are experienced in litigation matters relating to municipal bond financing for real estate development and related infrastructure facilities and services.
Shumway Van has experience in all legal aspects of the design and construction process, including construction and design agreements; commercial, residential, and public works projects; and all types of construction claims and dispute resolution. Our attorneys practice in the areas of land development, financing, bankruptcy, land use, zoning, environmental matters, insurance coverage, labor and employment, litigation, and leasing. Our attorneys draw on the expertise of both transactional and litigation attorneys, who have extensive experience in all aspects of the construction process. Our services include but are not limited to:
Transactional Counseling. Our transactional attorneys develop, negotiate, and prepare construction contracts, architect agreements, engineering and design agreements, professional services agreements, purchase orders, payment and performance bonds, mechanics’ liens, stop notices, notices of completion, consulting agreements, and construction management agreements.
Litigation. Our litigation attorneys have handled complex claims and litigation matters involving the various aspects of construction projects. These matters have involved construction defects, soil subsidence, design professional malpractice, contractor-subcontractor disputes, mechanics’ lien and stop notice and other actions involving construction-related issues. Our litigation attorneys are also knowledgeable about the various alternative dispute resolution tools and are aggressive in recommending and pursuing such alternatives when they are in the best interests of the client.
Our goal is to provide time-sensitive, cost-effective legal representation on all types of construction matters. A particular advantage is our use of an interdisciplinary team approach. For example, both litigation and transactional expertise can be applied rapidly to deal with construction and construction defect problems, in the contracting phase, during construction, and especially during post-completion.