Richard W. Smith: Lawyer with Bernstein Shur

Richard W. Smith

Of Counsel
Manchester,  NH  U.S.A.
Phone603 623-8700

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Experience & CredentialsOther Offices
 

Practice Areas

  • Wind Energy
  • Real Estate Law
  • Energy Law
 
University Bowdoin College, A.B., 1969
 
Law SchoolBoston University School of Law, J.D., 1973
 
Admitted1973, Maine and Massachusetts; 2010, New Hampshire
 
Memberships 

Affiliations

Member:
Maine State Bar Association
New Hampshire Bar Association
Hydrogen Energy Center (Founder and President)

 
Biography

Richard W. Smith is a member of Bernstein Shur's Real Estate Practice Group and Energy and Environmental Practice Group. Rick's multi-state practice in shopping center and retail leases and acquisitions also includes development and complex title problem work. Prior to returning to private practice in 2005, Rick served for nearly two decades as vice president, state manager or state counsel for Lawyers, Commonwealth Land, Ticor and Chicago Title Insurance companies. He has been approved as an expert witness in real estate and title insurance disputes, mediates real estate and land use matters and has been appointed by the Maine Superior Court to serve as a referee in real estate cases.

Rick is the Searching Maine Titles chapter author for a forethcoming Massachusetts MCLE New England Practice Series Handbook and co-author of the title insurance chapter. He is a member of the real estate sections of both the New Hampshire and Maine Bar Associations and is a frequent lecturer at Bar Association and privately sponsored seminars on title, boundary and title insurance topics. He serves as liaison between the Maine title standards committee and the state's Geo-Library Board on its GIS and land records integration project. Rick is a US Green Building Council LEED Accredited Professional and is a member of the firm's Green Building Team.

Rick is recognized by Best Lawyers in America and Chambers USA for his work in real estate.

As the 1992 founder and current president of the Hydrogen Energy Center, Rick promotes the use of hydrogen as a storage medium for renewably generated electricity, as a fuel for hydrogen-electric vehicles, for equipment providing on-site heat and electricity to buildings and as a replacement for batteries in consumer electronics and materials handling equipment.

Publication

• October 7, 2014 Real Estate Tip: ALTA 34-06 - The Endorsement That Saves The Day
• September 18, 2014 Real Estate Tip - Resolving Ambiguities Between Landlords and Tenants
• August 12, 2014 Mainebiz Real Estate Insider - Commercial Insurance Issues
• July 31, 2014 Real Estate Tip - Keep It in The Family?
• July 22, 2014 Mainebiz Real Estate Insider - Lender Liability in Real Estate Closings; Know Your Closer Well
• June 19, 2014 Real Estate Tip: The Emperor Has No Exhibits
• June 5, 2014 Real Estate Tip: The Case of the Shrinking Easement
• May 22, 2014 Real Estate Tip - Lender Liability in Real Estate Closings; Know Your Closer Well
• May 9, 2014 Real Estate Tip - When a Title Insurer's Coverage Isn't
• April 25, 2014 Real Estate Tip - Commercial Purchase & Sale Agreements: The Basics Meet Today's Market
• April 10, 2014 Real Estate Tip: Hire Your Own Surveyor to Avoid a Close Call
• April 1, 2014 Mainebiz Real Estate Insider: But I Didn't Sign Anything - How Electronic Communication Can Lead to Unexpected Contracts
• March 13, 2014 Real Estate Tip - Condominiums: Development & Declarant Rights
• February 21, 2014 Real Estate Tip - But I Didn't Sign Anything
• February 7, 2014 Real Estate Tip - Green Building Market Expected to Grow to $83B by 2016
• January 24, 2014 REAL ESTATE TIP - Part 2: Planning Board Demands: When Are They Unconstitutional?
• January 9, 2014 Real Estate Tip - Planning Board Demands: When Are They Unconstitutional?
• December 3, 2013 Real Estate Tip - Development Density: Three Key Contributors to Public Infrastructure
• November 4, 2013 Real Estate Tip - Standard Forms May Lead to Not-So-Standard Responsibilities
• October 18, 2013 Real Estate Tip: Price Protection for the Stalking Horse Bidder
• October 3, 2013 Real Estate Tip - Mortgage Loan Inspections: More Important Than You Think
• September 12, 2013 Real Estate Tip - Uniform Statutory Trust Entity Act: Citizenship vs. State
• August 23, 2013 Real Estate Tip - The Built Environment and Profitability
• August 9, 2013 Real Estate Tip - How to Resolve Easement Disputes
• July 19, 2013 Real Estate Tip - Ground Leasing Part 3: Default May Lead to Tenant Losing Building
• July 3, 2013 Real Estate Tip - Ground Leasing Part 2: By-Agreement & Percentage-Rent Options
• June 14, 2013 Ground Leasing Part 1: Leasing Land Instead of a Building
• May 23, 2013 Real Estate Tip - On-Site Power Generation Part 2: Who Pays Fuel Tax on Your Natural Gas Honda Civic?
• May 9, 2013 Real Estate Tip - Renewable On-Site Power: Who Pays to Charge a Tenant's Chevy Volt?
• April 26, 2013 Real Estate Tip - Hedge Against Future Inflation: Understanding The Capitalization Rate
• April 12, 2013 Real Estate Tip - Tenant Fit-Up: When is the Job Complete?
• March 28, 2013 Real Estate Tip - Casualty Loss: High Insurance Deductibles Can Inflate Common Area Maintenance Charges
• March 14, 2013 Real Estate Tip - Permitting: A $48m Lesson on the Importance of Notifying All Neighbors
• February 28, 2013 Real Estate Tip: LEED Certification and Energy Efficiency Part 2
• February 14, 2013 Real Estate Tip - LEED Certification and Energy Efficiency Part 1
• February 1, 2013 Real Estate Tip - Signed and Sealed Still Makes a Difference
• January 17, 2013 Real Estate Tip - Should You Consider a Trust as an LLC Alternative?
• January 4, 2013 Real Estate Tip - Vacating Paper Streets; No Short Cuts for Notice
• December 13, 2012 Real Estate Tip - Avoid a Grinch-y No Coverage Surprise: Add a UCC Policy to Your Title Insurance Checklist
• November 29, 2012 Real Estate Tip - Is Your Awning Personal Property or Real Estate: Who Decides?
• November 9, 2012 Real Estate Tip - Know Your Rights: First Negotiation & First Offer
• October 26, 2012 Real Estate Tip- How to Purchase Your Rented Space: Options to Purchase & Rights of First Refusal
• October 10, 2012 Real Estate Tip - Tricky Business Part II: Waiving Claims, Subrogation and Insured Losses for Landlords
• September 27, 2012 Real Estate Tip - Tricky Business Part 1: Indemnification for Landlords
• September 13, 2012 Real Estate Tip - Certificate of Insurance: Are you sure you want to be an Additional Insured?
• August 23, 2012 Real Estate Tip - After a Fire: Will your insurance really cover the cost to rebuild?
• August 9, 2012 Real Estate Tip - Make Your Brownfield Green: Access Federal $ for Assessments
• July 27, 2012 Real Estate Tip: Casualty Loss - Is Your Gargoyle Covered?

Press Releases

• June 4, 2014 Bernstein Shur Earns Top Honors in Chambers USA for Corporate M&A (including Bankruptcy), Energy & Natural Resources and Real Estate
• March 27, 2014 Bernstein Shur Joined 400+ Wind Energy Experts at Northeast Summit
• March 21, 2014 Bernstein Shur's Wind Energy Team Sponsors AWEA Wind Energy Regional Summit on March 25 & 26 in South Portland
• August 15, 2013 Nine Bernstein Shur Attorneys Earn Best Lawyers' 2014 Lawyer of the Year Distinction
• May 24, 2013 Leading Law Directory Awards Bernstein Shur Top Honors in Corporate M&A (including Bankruptcy), Energy & Natural Resources and Real Estate
• June 12, 2012 Bernstein Shur Earns Top Honors from Leading Law Directory

 
ISLN903599137
 

Documents by this lawyer on Martindale.com

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Real Estate Tip - Resolving Ambiguities Between Landlords and Tenants
Richard W. Smith, September 23, 2014
Courts have many ways of deciding whether a lease means what the landlord says it means or what the tenant says it means. Here are three typical techniques and examples to help resolve ambiguities:

How Well Do ‘One-Size-Fits-All’ Leases Really Fit?
Richard W. Smith, September 2, 2014
Many Maine landlords use the Maine Commercial Association of Realtors Commercial Lease as their ‘one-size-fits-all’ lease form. The form covers most topics that most landlords and tenants want to address. Landlords and tenants are understandably reluctant to re-write substantial...

Real Estate Tip - Keep It in The Family?
Richard W. Smith, August 5, 2014
Using a will to give a commercial building to a loved one, a business partner or even a charitable organization is not ideal planning. Adverse tax consequences, the public probate process and operational difficulties aside, the building may not become the property of its intended owner. Example:...

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Office Information

Richard W. Smith

670 North Commercial Street
ManchesterNH 03101




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