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Program Description

Construction Law for Leasing Lawyers - The Nuts and Bolts




Approved for CLE credit in: AK,AZ,CA,ME,MO,ND,NJ,NY,WV

Real estate lawyers need a general review of construction law - both because they are often asked to review construction contracts and because construction issues arise in virtually all leases. The panel will discuss the issues that arise when leasing space in a building under construction, in landlord buildouts, and in tenant buildouts; and will also cover the basics of construction contracts.

Provided By: New York City Bar


I. Introduction

II. True Stories from the Construction Trenches
Ray Quartararo

Pre-leasing a Building under Construction - What's it All About?

  • The Landlord's and Tenant's Primary Concerns
  • How Pre-Leasing Differs from Leasing Constructed Space
Jacob Bart & Andrew L. Herz

III. Timing is Everything: Critical Dates & Benchmarks Lease Signing

  • Pre-Commencement Date Benchmarks
  • Commencement Date
  • Rent Commencement
Jacob Bart & Andrew L. Herz

IV. The Workletter: Discussion & Mock Negotiation

  • The Construction Process
  • Defining the Base Building
  • Plan Approval
  • Quality of Construction
  • Cost Protection
  • Tenant Involvement in the Construction Process
  • Tenant Delays
  • Defining "Substantial Completion"
  • Warranties; Post-Commencement Date Obligations
  • Hidden Traps; Waiver Provisions
  • Dispute resolution
Jacob Bart, Andrew L. Herz & Carol Patterson

V. General Construction Issues

  • Tenant Right to Work in Premises Prior to Commencement Date
  • Union Issues
  • Landlord Consents and Approvals
  • Landlord Construction Guidelines
  • Permits and Approvals
  • Insurance and Indemnities
  • Security for Completion of Tenant's Alterations: Bonds, Letters of Credit & Other Security
  • Use of Elevators, Loading Docks, Etc.
  • Landlord Delays
  • Landlord Cooperation
  • Landlord Charges
  • Directive 14 Certification
  • Requirements for Mechanics Lien Waivers
  • Tenant Restoration Obligation
  • Dispute Resolution
  • Construction Allowances
Jacob Bart & Andrew L. Herz

VI. The AIA Contracts: A Mini Primer for Real Estate

  • Lawyers on Use of AIA Contracts in Small Construction Projects
Carol Patterson

VII. Question & Answer Session

Recorded: April 19, 2007
Running Time: 2 Hours 37 Minutes

CLE Credit Information

Click on the state abbreviation to find the CLE Credit Information for your state.

This program is has been approved for credit in AK,AZ,CA,ME,MO,ND,NJ,NY,WV

Experienced attorneys only (non-transitional)

Similar Programs

No related programs information available.

Panelist Biographies


Northeast Regional Manager of Project & Development Services
Jones Lang LaSalle

Raymond Quartararo is the Northeast Regional Manager of Project & Development Services for Jones Lang LaSalle, which is widely recognized as a leader in the project management field. Mr. Quartararo began his career as a project manager for a leading construction management firm and in 1990 became Director of Real Estate and Facilities for Siemens Corporation. In 1996,. Mr. Quartararo formed Quartararo & Associates, Inc. which grew to become the one of largest independent Project Management firm in the northeast. Q&A oversaw some of the most high profile projects in the metropolitan area including Time Warner's headquarters at Columbus Circle, Ernst & Young's headquarters at 5 Times Square, the new Alvin Ailey Dance Theater and the renovation of Deloitte's offices in downtown Manhattan. Recognizing a need for a broader service offering and a national platform, Mr. Quartararo merged his firm with Jones Lang LaSalle in 2004. Jones Lang LaSalle is a leader in corporate real estate services with Project Management as a core business. Currently, Jones Lang LaSalle represents public and private institutions, corporations, and professional organizations in real estate-related activities close to 100 key domestic markets and 36 foreign countries. The firm manages more than 700 million square feet including advisory, property and facility management and project management. Current clients include the Bank of America, Madison Square Garden, Metropolitan Life, WNYC, Deutsche Bank, and the Port Authority of New York & New Jersey. Mr. Quartararo has been instrumental in tripling the revenue of the Northeast Project and Development services group in less than three years. Mr. Quartararo holds an MBA in Management and International Business from New York University's Stern School of Business, and a Bachelor of Arts in English and Bachelor of Science in Mechanical Engineering from Tufts University. Mr. Quartararo has been a guest lecturer for many local industry organizations and is an active member of the New York Building Congress and CoreNet. He sits on committees for Special Olympics New York, the Tourette Syndrome Association, and the March of Dimes, and is a charitable contributor for many worthwhile organizations.


Carol Patterson has represented prominent national and international firms in matters relating to the design and construction of major office and residential buildings, performing arts centers, museums, hospitals, educational institutions, transportation facilities and other public buildings. Ms. Patterson advises clients on matters such as dispute resolution, contracts, and risk management strategies. Ms. Patterson especially enjoys aspects of her practice which focus on the interaction between the built environment and the natural environment, particularly when the two operate in harmony to produce responsible development. In 2001 she was honored as one of the "Women Real Estate Leaders of the 21St Century", published by Real Estate Weekly, and in 2004 she was honored as one of the Top 50 Women in Real Estate as selected by the Association of Real Estate Women (AREW) for the 50th Anniversary of Real Estate Weekly. Ms. Patterson holds a Bachelor of Arts from Bryn Mawr College; a Master's Degree in International Relations from Columbia University and a JD degree from the University of Chicago Law School.

Andrew L.Herz

Patterson, Belknap, Webb & Tyler LLP

Andrew L. Herz is a partner in the New York law firm of Patterson, Belknap, Webb & Tyler LLP and is a recognized authority and frequent lecturer in the areas of commercial office leasing and mortgage financing. His clients include commercial banks, investment banking firms, hedge funds, technology providers, major real estate owners and developers, hospitals, professional service companies and other law firms. A member of the American College of Real Estate Lawyers, Andy is included in the 2006 Guide to the World's Leading Real Estate Lawyers. He has also been designated again as one of the world's leading real estate lawyers by Euromoney magazine. Andy has held leadership positions in numerous professional organizations, having served as Chair of the Leasing Committee of the American College of Real Estate Lawyers; Co-Chair of the Office Leasing Committee of the American Bar Association; and Chair of the New York State Bar Association's Commercial Leasing Committee. He has participated in seminars on commercial leasing and mortgage financing for numerous industry groups, including the New York University Real Estate Institute, The Real Estate Board of New York, The Practising Law Institute, The New York Law Journal, and The National Association of Corporate Real Estate Executives and served as a Contributing Editor to the New York Bar Association's text, "Commercial Leasing" published in 2004. A member of the Advisory Board of Georgetown University's Advanced Commercial Leasing Institute, he presented lectures entitled "Leasing in Wonderland; An Exploration of New Technologies and Emerging Concepts" and "Disturbing Agreements; Troubles with Lender SNDA's and Estoppels". He co-authored "Subleases: The Same Thing as Leases, Only Different" for the ABA's Probate and Trust Journal. For the annual Realcomm Real Estate Technology Conference, he has served as its Commercial Real Estate Law Advisor, which resulted in him becoming a two-time winner of their prestigious "Digie Award" for "Best Use of the Internet-Commercial Real Estate Law". He also advised the largest mixed-use development in New York City on all of its technology and communications contracts. Active in many civic endeavors, he has served as a director of The Columbia Law School Alumni Association, Planned Parenthood of New York City, Inc., Bailey House, Inc., Midori & Friends and West Virginia College of Law's National Council. He has been honored for his pro bono activities by both The Legal Aid Society and The Aids Resource Center, Inc. Andy holds both his B.A. and his J.D. from Columbia University.

Nancy Ann Connery

Schoeman, Updike & Kaufman, LLP

Nancy Ann Connery is a partner at Schoeman Updike Kaufman Stern & Ascher LLP, her area of concentration is real estate law. She has a general real estate practice and has represented individuals, public and private companies, utilities, and not-for-profit entities in a variety of real estate matters, including: Leasing and Other Space Transactions: Ms Connery has negotiated office, loft, retail, and industrial space leases, garage leases, ground leases, easements, and licenses. Purchases and Sales: As part of her commercial practice Ms. Connery also has represented clients in the purchase and sale of office buildings, loft buildings, industrial buildings, and other commercial space; negotiated tenant buyouts in connection with such acquisitions; and overseen the real estate aspects of government-granted economic benefits. Ms. Connery also represents her private and corporate clients in the purchase and sale of residential real estate, including cooperative apartments, condominiums, and houses. Lending: She has represented both lenders and borrowers in residential and commercial mortgage loans. Cooperatives and Condominiums: Ms Connery’s practice includes conversions of buildings to cooperatives, and the general representation of both cooperatives and condominiums. General: Ms. Connery’s real estate practice involves her in a variety of real estate related matters, including brokerage issues, construction issues, trespass claims, partition litigation, and other matters. Before practicing law, Ms. Connery taught high school biology, chemistry and physics.


Stroock & Stroock & Lavan LLP

Jacob Bart is a partner at the law firm of Stroock & Stroock & Lavan LLP, specializing in real estate law, with particular emphasis in all aspects of commercial leasing, including the representation of numerous landlords and tenants, in New York City and nationwide, for office, retail, warehouse and manufacturing lease and sublease transactions. Some of his recent high profile Manhattan transactions include the representation of: (i) Silverstein Properties, as the landlord of Tower 4 in the to-be-constructed World Trade Center, in the lease of approximately 600,000 square feet of office space to the Port Authority; (ii) Bear Stearns, as tenant, in the lease of approximately 250,000 square feet of office space at 237 Park Avenue; (iii) the Health Insurance Plan of Greater New York, as tenant, in its headquarters lease of approximately 500,000 square feet of office space at 55 Water Street; and (iv) the United Federation of Teachers, as tenant, in the leasing of its new headquarters, consisting of a long-term net lease of the 400,000 square foot building located at 52 Broadway. Mr. Bart is a member of the Committee on Commercial Leasing of the Real Property Section of the New York State Bar Association. He has lectured at leasing seminars and at the New York University Real Estate Institute, and is a frequent contributor to, as well as a member of the Board of Advisors of, the periodical Commercial Lease Law Insider. Mr. Bart is a 1976 graduate of the Georgetown University Law Center, where he was an Editor of the Georgetown Law Journal.

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Construction Law for Leasing Lawyers - The Nuts and Bolts



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