Experience

Counsel to Construction Client in Suit Seeking $18 Million in Damages

Defended affiliate companies of a client sued in parallel cases spanning two jurisdictions, arising from a construction project involving delays. The Plaintiff commenced a Declaratory Judgment action seeking to pierce the corporate veils of non-contracting parties to recover more than $18 million it claimed in liquidated damages. Upon review of our Motion and Memo of Law, the plaintiff, represented by a large law firm, conceded and discontinued the New York litigation.

Documentation of $79 Million-plus Construction Loan

Represented regional bank in connection with documentation of construction loan for development of three commercial warehouses in North Carolina with an aggregate commitment of over $79 million.

$145.9 Million Sale of Office Building, Land

Represented the seller in the sale of a 1 million-plus-square-foot Class A office building in downtown St. Louis, Missouri, in a unique separate sale of the fee ($25.9 million) and the leasehold estate ($120 million).

Patent Portfolio for Construction Products Client

Developed patent portfolio for construction products client that was in business for decades but did not have any prior patents. Guided the client through protection of emerging technologies for their space and built a portfolio around key products release.

$7.5 Million Settlement Over Delayed Renovation of Historic Landmark

Negotiated a $7.5 million delay damages settlement for construction company client over the renovation of a National Historic Landmark building in New York City. The one-year project took three years for substantial completion due to design conflicts with existing conditions, interferences and changes, causing substantial increased costs for the client, a subcontractor. Successfully overcame legal hurdles including lack of privity, New York law that a general contractor is not liable for delay caused by an owner, and a “no damage for delay” contract clause.

Renegotiation of Nearly 1,000 Retail Leases for Men’s Clothing Retailer

Completed a two-phase renegotiation of nearly 1,000 retail leases across the United States and Canada for a men’s retail clothing client in connection with COVID-19 impacts and the client’s emergence from Chapter 11 bankruptcy proceedings. In the first phase, we negotiated rent deferral agreements for nearly 400 retail locations in connection with the impact of COVID-19 and related government-mandated closures on the client’s operations; and assisted with nearly two dozen litigation matters relating to closures in several states. In the second phase, following the client’s declaration of Chapter 11 bankruptcy, we renegotiated nearly 850 retail leases assumed by the client in connection with the bankruptcy proceedings, successfully finalizing and obtaining full execution of nearly 99% of renegotiated leases submitted for legal review, nearly three times the success rate the client had originally anticipated.

Sale of Construction Materials Manufacturer to Swiss Multinational Company

Served as lead adviser to the shareholders of a construction materials manufacturer on its sale to a Swiss multinational chemical company.

Acquisition of Hotel Development Site in Marylebone

Advised a hotel developer on the acquisition of a hotel development site in Marylebone during construction.

Lead Debtor’s Counsel to Real Estate Company in Chapter 11

Lead debtor’s counsel to real estate company in Chapter 11 proceeding.

Representation of Subcontractor in Boston Interstate Tunnel Collapse

Represented key subcontractor in defense of claims and government investigations related to the ceiling collapse of the D Street portal of Interstate 90 connector tunnel in Boston.

Representation of Design Joint Venture in $4 Billion LaGuardia Redevelopment

Represented the design joint venture in defense of claims from the $4 billion redevelopment of LaGuardia Airport Central Terminal B in New York City, the largest public-private partnership (P3) undertaken in the United States.

Counsel for Successor Trustee Related to a Commercial Foreclosure

Managed and conducted foreclosure of commercial real estate located in Missouri which sold for over $6 million.

Lead Trial Counsel in Jury and Bench Trials Before State, Federal and Appellate Courts

Served as lead trial counsel in numerous jury and bench trials in the state and federal courts in Kansas and Missouri. Successfully argued numerous cases in the Kansas and Missouri appellate courts, and before the Eighth and Tenth Circuit Courts of Appeal. Cases have involved construction defects, architect and accountant liability, title insurance and bad faith, and creditors’ rights claims.

Counsel in Commercial Litigation, Foreclosure, Special Assets and Receivership Matters

Served as counsel to local, regional and national lenders in numerous commercial litigation and foreclosure, special assets and receivership matters involving the sale and liquidation of nearly every type of real property and collateral, as well as workouts, including: office parks, mobile home parks, factory, warehouse and manufacturing properties, retail centers, marinas, medical offices and equipment, transportation development districts (TTDs), liquor stores, turkey farms, cattle, farm products and equipment, hotels, dry cleaners and many more.

Managed Over 4,000 Missouri Non-judicial Foreclosures

Supervised and managed over 4,000 non-judicial foreclosures in Missouri for successor trustee under deeds of trust regarding residential and commercial properties.

Lead Trial Counsel for National Bank in Adversary Proceeding in Bankruptcy Court

Served as lead trial counsel to national bank in adversary proceeding in bankruptcy court resulting in a judgment for priority of mortgage against $15 million mechanic's liens on failed commercial project.

Successful Litigation as Lead Trial Counsel to Surety

Served as lead trial counsel to surety in successful litigation finding that surety was not liable due to general contractor’s failure to properly declare default and trigger bond obligations.

Successful Construction Arbitration for General Contractor

Served as lead trial counsel in successful construction arbitration resulting in substantial award for general contractor.

$10 Million Mining Operation, Real Estate Acquisition

Served as real estate counsel in approximately $10 million acquisition of mining operations and associated real estate in southwest Missouri, including negotiation of the purchase and sale agreement; drafting and negotiation of several new easement agreements for cross access, utilities and rights of way; negotiation of new mineral leases; and extensive title and survey review of approximately 880 fee-owned acres and approximately 1,000 leased acres of real estate.

Commercial Condominium Buyout in Illinois

Advised a client with office space in a commercial condominium in Illinois on a transaction involving the buyout of a holdout owner.

Commercial Condominium Creation for Developer

Assisted a client in creating two new commercial condominium units in Maplewood, Missouri, including site evaluation, management of related legal issues, and negotiation with the Missouri Department of Transportation regarding their use of common ground for state highway expansion.

Developer Representation in Hospital Site Purchase

Represented the developer in the sale of a site to a Missouri health care system for the construction of a hospital.

Due Diligence for Rehab Center Prior to Development Deal

Evaluated site options and conducted due diligence on behalf of a rehabilitation company in advance of a deal for future development.

HUD Financing and Construction Agreement Negotiation for Major St. Louis Developer

Handled HUD financing and negotiated construction agreements for a multifamily housing building in Maplewood, Missouri.

Local Counsel to National REIT in Retail Center Purchase

Served as local counsel to a national REIT in the purchase of a retail center in Illinois. Drafted local opinion letters and handled due diligence.

Multifamily Housing Development Involving Historic Tax Credits

Counseled client on a multifamily housing development in the city of St. Louis, involving historic tax credits.

Lender’s Counsel on $9.6 Million Equity Bridge Loan

Served as lender's counsel for a $9.6 million equity bridge loan related to the development of a 236-unit low-income housing tax credit project in Detroit, Michigan.

Counsel to Lender, Purchaser on $17.6 Million Credit Facility

Served as purchaser's and lender's counsel with respect to a $17.6 million credit facility related to the acquisition and development of a 212-unit low-income housing tax credit project located in North Carolina.

Acquisition, Sale, Leaseback of Properties in Illinois, Tennessee

Conducted extensive diligence of title, survey, environmental and property condition issues for a national manufacturing client with respect to a 200,000-square-foot industrial/office facility in Illinois and a 50,000-square-foot industrial/office facility in Tennessee. This included drafting, negotiating and closing acquisition of land and facility; and negotiating, drafting and closing sale and leaseback of land and facility to a national private equity firm.

Advised on Tax Implications of Selling Partnership Interests

Advised housing management client on the tax implications related to the sale of partnership interests and cancellation of indebtedness income, which included analyzing the tax consequences of transaction structures and financing classifications to avoid negative income tax consequences to the partners.