Practice Areas & Industries: Sutherland Asbill & Brennan LLP


Acquisition and Development Return to Practice Areas & Industries

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Practice/Industry Group Overview

Sutherland’s Acquisition and Development team focuses on what’s most important in deals: fulfilling clients’ business objectives.

Acquisition and development ventures are often sidetracked by unforeseen challenges. At Sutherland, the foresight that is informed by experience allows us to keep our clients’ transactions on target and on time. We understand our clients’ business objectives, and focus on achieving them quickly and efficiently. With demonstrated transactional prowess, deal-making knowledge and project management skills, we support deals from land assemblage, letters of intent and purchase and sale agreements through joint venture formations, acquisition and development financing, leasing and sales to users, project completion, permanent finance and disposition. Our attention to federal, state and local regulations involving environmental protection, zoning and land use allow us to keep projects moving forward.

We understand the intense time pressures of acquisition and development transactions. We know that many deals will not close until all the details are hammered out. Our attorneys cut through the clutter and side issues to drill down to what is truly important for our clients. We enthusiastically embrace technology and use it aggressively to manage costs and accelerate delivery and transmission of documents and complete transactions.

At Sutherland, we take pride in creating innovative and sophisticated approaches that result in practical, cost-effective solutions. Our experience extends to all product types, including retail, office, industrial, multifamily including student housing and mixed use projects. Offshore clients often involve us in investment decisions, ask us to devise structures for their transactions and locate and coordinate with other professionals involved in deals. We remain mindful of our client’s exit strategy and timing, and structure to avoid risk throughout the life cycle of the project.

Why Sutherland
Depth, scope and reach.
With more than 20 lawyers devoting substantially all of their practice to commercial real estate, we can advise clients on acquisition and development deals for virtually every type of property in nearly every major market in the United States and internationally.

Niche knowledge. When clients need industry-specific knowledge, Sutherland attorneys focus on specific areas, such as hotel, retail, data centers, office and industrial, mixed use, multifamily, student housing and affordable housing.

Full-service strength. Along with our attorneys dedicated to real estate, we also have the knowledge of more than 400 attorneys to call upon whenever our clients need us. Sutherland is particularly well-known for our tax practice, which allows us to structure the most advantageous deals for clients, wherever the deals take place.

Partner contact on every deal. Our partners get involved in each matter. By staffing matters leanly with the same attorneys handling transactions from beginning to end, we are known for providing a stellar level of continuity and responsiveness.

Project management. We were pioneers in Legal Project Management and continue to provide our partners and associates with in-depth training in project management skills. We apply this discipline and provide our clients with transparent and efficient budgeting, forecasting and timeline management.

Thought leaders. Our real estate lawyers are active members of key legal and professional associations, including the American College of Real Estate Lawyers, the American College of Mortgage Attorneys, NAIOP, ICSC, ULI, PREA and national, state and local bar association sections and committees.

Nuts and Bolts

  • Build-to-suit transactions
  • General development matters
    • Negotiating and documenting easement agreements, development agreements, reciprocal easement agreements and use agreements
    • Advising on large, complicated phased mixed-use developments
    • Public/private partnerships
  • Acquisitions and dispositions
  • Joint ventures
    • Limited liability companies
    • General, limited and limited liability partnerships
    • Buy-sell provisions
    • Rights of first refusal
    • Tax allocations
  • Environmental matters
  • Disputes and bankruptcies
  • Construction contracts
  • Finance
    • Acquisition financing
    • Construction loans
    • Permanent loans
  • Governmental regulatory matters
  • Permitting and approvals
  • Zoning and land use
  • Structuring section 1031 like-kind exchanges

Take Action
Successful deals require a team approach. At Sutherland, we view our role as creative and cost-effective problem solvers and deal drivers, and hold ourselves accountable to implement and affect the client’s strategy.

Selected Experience
Sutherland represents Worthing Southeast in multifamily projects.
Sutherland represented Worthing Southeast in the acquisition, development and financing of more than 50 luxury multifamily projects in the United States.

Sutherland advises Ben Carter Properties in forming a joint venture for a multiuse project in Florida.
Sutherland attorneys represented Ben Carter Properties in forming a joint venture with a JP Morgan affiliate. The joint venture acquired, developed and leased an 80-acre, mixed-use project in Jacksonville, Florida.

Sutherland represents Holder Properties in the development and leasing of long-term acute care hospitals in South Florida.
Sutherland represents a real estate developer in the development and leasing of two long-term acute care hospitals in South Florida.