Real Estate & Construction

Overview

Our Real Estate & Construction practice combines comprehensive legal knowledge with real world business experience. Our lawyers represent developers and builders, buyers and sellers, real estate investment trusts, individual investors, title underwriters and agents, brokers, lenders, insurers, business owners, landlords and tenants throughout the United States.

The primary focus of our practice is commercial real estate transactions and development involving office, retail, warehouse, industrial and mixed-use properties. We also advise on condominium, multifamily and residential development, as well as assist our business clients in their personal residential transactions.

Our attorneys also protect and advance client interests in all types of real estate disputes as well as handle litigation matters related to development, construction and property transactions including breach of contract, construction defects, foreclosures, mechanic’s liens, land use and zoning decisions and appeals, property disputes such as easements, boundary and adverse possession, commercial lease disputes and title insurance claims. We understand the risks and rewards of various litigation strategies, allowing us to be the best counselors about when to fight. We are also highly experienced in negotiation of settlements and effective use of mediation procedures to resolve claims.

Capabilities

AIA Contract Preparation and Review

Commercial and Residential Real Estate Transactions

 Construction Contracts

Construction Litigation

Debt Restructuring

Due Diligence and Survey Analysis

Easement Agreements

Eminent Domain

Financing

Land Use and Zoning

Landlord/Tenant Law

Leases

Liens

Negotiation of Workouts

Property Valuation

Purchase Agreements

Real Estate Disputes

Tax Planning

Title Insurance

1031 Like-Kind Exchanges

Lawyers

News & Publications

News & Publications Have the right team in place before you...

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News & Publications Open dialogue, respect are key to working well...

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News & Publications McCarthy Lebit receives 2017 Global Law Experts Employment...

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News & Publications McCarthy, Lebit, Crystal & Liffman Co., LPA joins...

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Events

Events September 23, 2016 Landlord-Tenant Law: From Lease to Eviction

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Blogs

Blogs Five Questions to Consider Before Listing on Airbnb

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Blogs What Commercial Landlords Need To Know About Landlord...

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Experience

Corporate HQ Lease and Construction

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Corporate HQ Lease and Construction

Represented a large local company in the lease and construction of its corporate HQ building.

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Settled Leasing Matter

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Settled Leasing Matter

Settled a leasing matter in Cleveland which resulted in the client receiving $1.2 million for restoration and termination fees.

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Multiple Lease Renewals

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Multiple Lease Renewals

Completed the lease renewals for a 50,000 sq. ft facility in Minnesota and a 115,000 sq. ft facility in Pennsylvania for the same client.

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Leasing of an Industrial Facility

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Leasing of an Industrial Facility

Completed the leases of a new 81,000 sq. ft industrial facility in Arizona and a 26,000 sq. ft industrial facility in Wisconsin for two separate clients.

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Refinancing of a Retail Space

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Refinancing of a Retail Space

Closed on the refinance of a Canton shopping center for $2.7 Million.

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$9 Million Sale of Multiple Apartment Buildings

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$9 Million Sale of Multiple Apartment Buildings

Completed the sale of three apartment buildings for $9 million.

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Real Estate Financing

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Real Estate Financing

Closed a real estate refinancing for two buildings consisting of $5 million in senior debt and $4 million of mezzanine debt.

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$2.4 Million Real Estate Loan

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Regularly Represent Commercial Lenders

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Regularly Represent Commercial Lenders

Regularly represent a large local lender in their commercial lending of millions of dollars

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Regularly Involved in Sale of Office Properties Around the US

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Regularly Involved in Sale of Office Properties Around the US

Regularly involved in the sale of industrial, retail, and office properties around the US.

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Sale of a 200,000 sq. ft. Retail Development

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Sale of a 200,000 sq. ft. Retail Development

Represented a local developer in the sale of a 200,000 sq. ft. retail development

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Regularly Represent Multi-Family Developer

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Regularly Represent Multi-Family Developer

Regularly represent a large Multi-Family Developer in the acquisition of several thousand apartment units in the US.

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Millions of Square Feet for Retail Developer

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Millions of Square Feet for Retail Developer

Represented a large Retail Developer in the lease of millions of square feet of space throughout the US.

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Corporate HQ Lease

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Corporate HQ Lease

Represented a publicly traded REIT on the lease of millions of square feet of Corporate Headquarters buildings.

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Office Leases for Large Distribution Company

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Office Leases for Large Distribution Company

Regularly represent a large distribution company in their lease and purchase of millions of square feet around the US.

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2.33 Million Square Feet Portfolio

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2.33 Million Square Feet Portfolio

Handle all of the leasings for a large industrial distribution company’s 2.33 million square feet portfolio of space around the US and Canada.

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Successfully Defended Port Authority in National Historic Preservation Act Litigation

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Successfully Defended Port Authority in National Historic Preservation Act Litigation

Obtained judgment finding no private cause of action against a non-federal defendant under the National Historic Preservation Act in the case captioned Committee to Save Cleveland’s Huletts v. U.S. Army Corp of Engineers, et al., U.S. District Court, Northern Division of Ohio (2000), Case No. 1:99 CV 3046, 163 F.Supp.2d 776.

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Obtained Defense Judgment for Homeowner in Construction Project

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Obtained Defense Judgment for Homeowner in Construction Project

Obtained jury verdict in favor of homeowner in an action for damages brought by residential construction contractor.

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Obtained Judgment in the amount of $395,000 for Homeowner in Construction Project

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Obtained Judgment in the amount of $395,000 for Homeowner in Construction Project

Obtained summary judgment for breach of contract in favor of homeowner in the amount of $395,000 against residential construction contractor.

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Successfully Defended Action for Injunctive Relief

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Successfully Defended Action for Injunctive Relief

Successfully defended action for preliminary and permanent injunction in action alleging interference with former employees non-compete agreement. Chicago Title Insurance Company v. Resource Title Agency, Inc., U.S. Dist. Court, N.D. Ohio Case No. 1:09 CV 01063.

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Obtained $52,000 Judgment for Title Company

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Obtained $52,000 Judgment for Title Company

Obtained summary judgment in favor of title company in the amount of $52,000 in damages for attorney fees. Affirmed on appeal. Solomon v. Harwood, 8th Dist. Court of Appeals, 2011 Ohio 5268.

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Defended Municipality in Zoning Dispute

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Defended Municipality in Zoning Dispute

Following three-day evidentiary hearing, obtained trial court judgment in favor of the City of Middleburg Heights and sustaining denial of use/area variances.

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Settled Appropriation Case for $90,000

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Settled Appropriation Case for $90,000

Following successful writ of mandamus to compel appropriation action, recovered $90,000 for taking, plus permit to alter hillside in appropriation matter.

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Settled Appropriation Case for $54,000

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Settled Appropriation Case for $54,000

Settled appropriation case for $54,000 after state offered less than $3,000 as initial offer.

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Settled Appropriation Case for $3,500,000

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Settled Appropriation Case for $3,500,000

Settled appropriation case for $3,500,000 as a total take, including $2,300,000 for purchase of materials at the property, after State denied a total take and deposited approximately $250,000.

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Represented Owner of Major League Ballpark and NBA Arena in Multi-Million Dollar Construction Contracts

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Represented Owner of Major League Ballpark and NBA Arena in Multi-Million Dollar Construction Contracts

Represented owner of major league ballpark, basketball and hockey arena, and common areas in multi-million dollar construction contracts, purchase and installation contracts, and design-build contracts.

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Purchase of Distribution Center

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Purchase of Distribution Center

Represented buyer in purchase of $16 million distribution and warehouse facility.

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  • Purchase of 23 acres of residential real estate

    Represented Purchaser in purchase of 23 acres of residential real estate for $1.6 million.

  • Sale and leaseback of distribution facility

    Represented Seller in sale and leaseback of distribution facility for $3.75 million.

  • Sale of distribution facility

    Represented Seller in sale of distribution facility for $2 million.

  • Purchase of land and grant of permanent easement

    Represented Purchaser in purchase of land and grant of permanent easement from railroad to facilitate multimillion dollar distribution facility expansion.

Purchase of 23 acres of residential real estate

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Purchase of 23 acres of residential real estate

Represented Purchaser in purchase of 23 acres of residential real estate for $1.6 million.

Lawyers

  • Purchase of Distribution Center

    Represented buyer in purchase of $16 million distribution and warehouse facility.

  • Sale and leaseback of distribution facility

    Represented Seller in sale and leaseback of distribution facility for $3.75 million.

  • Sale of distribution facility

    Represented Seller in sale of distribution facility for $2 million.

  • Purchase of land and grant of permanent easement

    Represented Purchaser in purchase of land and grant of permanent easement from railroad to facilitate multimillion dollar distribution facility expansion.

Sale and leaseback of distribution facility

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Sale and leaseback of distribution facility

Represented Seller in sale and leaseback of distribution facility for $3.75 million.

Lawyers

  • Purchase of Distribution Center

    Represented buyer in purchase of $16 million distribution and warehouse facility.

  • Purchase of 23 acres of residential real estate

    Represented Purchaser in purchase of 23 acres of residential real estate for $1.6 million.

  • Sale of distribution facility

    Represented Seller in sale of distribution facility for $2 million.

  • Purchase of land and grant of permanent easement

    Represented Purchaser in purchase of land and grant of permanent easement from railroad to facilitate multimillion dollar distribution facility expansion.

Sale of distribution facility

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Sale of distribution facility

Represented Seller in sale of distribution facility for $2 million.

Lawyers

  • Purchase of Distribution Center

    Represented buyer in purchase of $16 million distribution and warehouse facility.

  • Purchase of 23 acres of residential real estate

    Represented Purchaser in purchase of 23 acres of residential real estate for $1.6 million.

  • Sale and leaseback of distribution facility

    Represented Seller in sale and leaseback of distribution facility for $3.75 million.

  • Purchase of land and grant of permanent easement

    Represented Purchaser in purchase of land and grant of permanent easement from railroad to facilitate multimillion dollar distribution facility expansion.

Purchase of land and grant of permanent easement

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Purchase of land and grant of permanent easement

Represented Purchaser in purchase of land and grant of permanent easement from railroad to facilitate multimillion dollar distribution facility expansion.

Lawyers

  • Purchase of Distribution Center

    Represented buyer in purchase of $16 million distribution and warehouse facility.

  • Purchase of 23 acres of residential real estate

    Represented Purchaser in purchase of 23 acres of residential real estate for $1.6 million.

  • Sale and leaseback of distribution facility

    Represented Seller in sale and leaseback of distribution facility for $3.75 million.

  • Sale of distribution facility

    Represented Seller in sale of distribution facility for $2 million.

Restaurant Lease and Liquor License

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Restaurant Lease and Liquor License

Negotiated lease and secured liquor license for to-be restaurant tenant in new downtown Cleveland hotel.

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