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Development & Construction

Mayer Brown's Real Estate Development & Construction team advises clients on all aspects of real estate developments, re-developments and construction projects.

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Our Real Estate Development & Construction team advises clients on all aspects of real estate developments, re-developments and construction projects.

In the event the project involves new construction of buildings, specialty facilities, infrastructure, tenant space or other construction matters, we can offer extensive experience in construction and design transactions as we regularly represent owners and tenants in negotiating and preparing design and construction agreements, service agreements, purchase agreements, operation and maintenance agreements, consulting contracts and various other project-management agreements for a variety of construction projects across industry sectors. Our lawyers have experience advising contractors on the drafting on all aspects of construction contracts including standard forms such as JCT, NEC3, FIDIC and GC/Works. They also advise on the contentious construction matters.

Our construction advice includes assisting in matters of procurement and options for procurement methods, subcontracting, project risk allocation, interfaces between different contracts and the negotiation and implementation of the necessary contracts. We regularly advise on EPC, design/bid/build, CM at-risk, design/build, partial design/build and additional unique contracts for energy, infrastructure, manufacturing, governmental and other projects and work closely with the Infrastructure, Government and Environmental practices.

We have experience representing owners in all aspects of their assets. We also have a strong practice advising on zoning entitlements, planning reviews, appeals and judicial reviews.

We are experienced with the wide variety of documents and agreements used in the development process including reciprocal easement agreements, owner's association documents, restrictive covenants, utility agreements, recapture agreements and subdivision agreements (including vertical subdivision or "air rights" agreements). We regularly represent owners and developers with respect to agreements with government authorities such as redevelopment agreements, annexation agreements, planned unit development agreements, and agreements respecting development, dedication and use of infrastructure including roads and utilities. We also advise on funding and incentives available for development including tax increment financing, special service areas, tax rebate agreements, enterprise zones, and special real estate tax classifications.

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