Practice

Real Estate & Development

Guiding you through projects from concept to reality

Foley Hoag’s Real Estate & Development Group helps our clients develop successful strategies, obtain government approvals, secure project financing and build great projects. 

Foley Hoag represents owners and developers, landlords and tenants on the full range of development projects, from residential to office and commercial to complex public infrastructure investment. From airport terminals, highways and transit lines, water treatment plants, hospitals, gaming facilities and cultural centers, to housing developments, academic buildings, industrial facilities, retail centers and office campuses – Foley Hoag has successfully advanced our client projects from concept to reality.

Foley Hoag lawyers understand that success on a large-scale project means satisfying stakeholders on every front. That can include inside your organization, before a regulatory agency, or at a stakeholder's meeting. Nothing derails a project faster than leaving yourself exposed to a legal challenge on one of these fronts. 

We make it our mission to understand your business and objectives so we can help you avoid and overcome legal challenges. Our Real Estate & Development lawyers provide strategic advice on complying with federal, state and local regulatory, zoning, and land use requirements. When conditions require extraordinary measures – variances, special legislation, etc. – Foley Hoag has the creativity and legal experience to accomplish what’s needed to keep your project moving forward.

The Real Estate & Development Group also understands the importance of assembling the right team to make your project a reality. The practice advises clients on consultant selection, title law issues, leasing, financing, and procurement transactions, project delivery methods, and on the contracting forms they use with their business partners. Foley Hoag can also resolve claims—amicably when possible, in court or arbitration when necessary. Whatever your interest in development, we can help you define your objectives, avoid obstacles, and achieve results.

Experience

RESIDENTIAL, MIXED USE AND COMMERCIAL DEVELOPMENT

  • Represent a community health center in multiple real estate transactions including property acquisitions, dispositions, leasing, and redevelopment, including securing zoning relief. 
  • Represented major university on transit line expansion and related development opportunities.
  • Represented cultural sector clients in all aspects of permitting new exhibition space along the Boston waterfront.
  • Represent major institutional landholder in the permitting and development of a new music theater in downtown Boston, including securing all necessary approvals and negotiating all related agreements.
  • Represent major New England non-profit located on waterfront property in development of strategy to address sea level rise and impacts on public realm in and around its campus.
  • Advised a U.S. municipality, in partnership with a private developer and multiple governmental agencies, on the development of a “transit-oriented district.” This new development combined mixed-use residential and commercial buildings, as well as roadway and rail improvements. Foley Hoag has been advising the project on the full range of eminent domain issues, environmental approvals, NEPA/MEPA, wetland, endangered species issues and project financing.
  • Represented development team in the negotiation of a development agreement and long term ground lease for the redevelopment of an approimately 20 acre parcel of land in Boston, MA.
  • Represented the owner of a 230 unit multi-family apartment complex in the negotiation of a $53 million permanent loan facility.
  • Represented private secondary school in comprehensive school facilities development and reorganization, including property acquisitions, state agency coordination, and zoning variances and related relief.
  • Assisted municipality in comprehensive downtown development issuing restoration of right-of-way and major housing and commercial development with new City Hall.
  • Negotiated land disposition agreement and related documentation for historic restoration of major urban auditorium building.
  • Assisted town in securing air rights easement with MBTA to enter construction of new school.
  • Assisted developer of warehouse distribution center in relocation and development of facilities regarding multiple variances and special permits.


DEVELOPMENT DISPUTES

  • Represented a leading software company in a lawsuit relating to the faulty performance of a newly-installed HVAC system at its corporate headquarters. The case resolved successfully through mediation, including with negotiation of a favorable new maintenance contract.
  • Represented a paper recycling company in a series of disputes relating to its refurbishment of a paper mill, including contractor overrun claims and a dispute with the Italian manufacturer of failed equipment.
  • After successfully defending a public housing finance authority from a contractor’s design-related claims in arbitration, we brought a winning summary judgment motion against the project’s designer to enforce a contractual indemnification clause and recoup the lion’s share of the authority’s defense costs.

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