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David J. Tracy

Partner

David’s practice is New England-based and involves all areas and aspects of commercial real estate, with particular emphasis on big box retail developments, and retail and office leasing. For over 36 years, David has represented clients in shopping centers, ground leases, malls, and mixed-use developments, as well as condominiums (residential, commercial, and mixed-use including vertical condominiums). He also has extensive experience in representing developers in construction, and permanent financing transactions. He represents numerous developers in the acquisition, leasing, development, financing, and sale of various types of commercial real estate. David has also represented institutional investors in various New England and national real estate transactions, and has particular expertise in commercial lease transactions. David has been continuously recognized as a “Best Lawyer” since 1987.

Credentials

Work Experience

  • Hinckley Allen
    • Partner (1983-1992, 2006-Present)
    • Co-Chair, Retail Law Group
    • Associate (1981-1983)
  • Holland & Knight LLP
    • Partner and Assistant Practice Group Leader (1992-2006)
  • Brown Rudnick Berlack Israels
    • Associate (1977-1980)

Honors & Awards

  • Best Lawyers in America® (1987-2020) Recognized for Real Estate Law
  • Chambers USA America's Leading Lawyers for the category of Real Estate
  • Martindale-Hubbell® AV Preeminent Peer Review Rating, Recipient
  • Rhode Island Monthly Magazine, Top Real Estate Lawyer
  • Rhode Island Super Lawyers (2007-2016)

Professional Affiliations

  • American Bar Association: ; ; ; ;
    • Construction Contracts Committee
    • Commercial Leasing Committee
    • Construction Loan Committee
    • Current Literature Committee
    • Real Estate Financing Committee
  • Aurora Civic Association
  • International Council of Shopping Centers
  • Kirkbrae Country Club
  • Massachusetts Bar Association
  • The Commercial Real Estate Development Association, NAIOP
  • Rhode Island Bar Association: ; ;
    • Continuing Legal Education Committee
    • Corporations Committee
    • Specialization Committee

Bar Memberships

  • Rhode Island, 1978
  • Massachusetts, 1977

News & Insight

Publication

In the midst of the so-called "retail R.E. apocalypse," what is the role of the retail real estate attorney?

July 28, 2017

Retailers today are both redefining the role of physical stores as well as changing how they interact with customers. This article focuses on how real estate attorneys who understand the changing nature of retail development and the different tools that ar…

Publication

A Contemporary View of Shopping Center Use Restrictions

July 11, 2017

It is almost impossible to read a newspaper or publication without seeing an article about the challenges retailers are facing in the age of online shopping, and with good reason.  Online shopping presents many challenges and requires a creative approach …

Publication

Boylston Properties and The Wilder Companies to Transform 20-acre Property- Arsenal Yards

June 23, 2017

*Watertown, MA - Just west of downtown Boston, along the Charles River, the city's next great neighborhood is about to become an exciting new reality. In the East End of Watertown, where Cambridge meets Boston, the 20-acre property encompassing the outdat…

Publication

Use Restrictions Redux

July 14, 2016

Use restrictions are fundamental to any retail lease transaction. A use restriction provision that is not clearly drafted is both problematic and an invitation to future litigation. For example, I recently reviewed a restaurant lease that restricted the la…

Publication

A Close Look at Radius Restrictions--Who Benefits

December 4, 2015

A large part of retail lease negotiations is focused on what is happening within the shopping center, such as what uses are allowed or prohibited in the center and who maintains or pays for the maintenance costs of the common areas in the center. However, …

Publication

Co-tenancy and Use Restriction Violations – The Landlord's Perspective

July 8, 2015

landlord of a co-tenancy provision in a retail lease. The Court’s analysis in that case can be applied to other lease provisions, which could trigger a setoff right or a right to pay reduced rent, such as in connection with a violation of a use restric…

Publication

Negotiating an Option to Purchase in a Retail Lease

March 3, 2015

This article will describe some of the key considerations in drafting an option to purchase as part of a retail lease and addresses the typical option to purchase and not a right of first refusal or right of first offer. Unlike an option to purchase, both …

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Firm News

56 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2020

August 15, 2019

Only one lawyer in each specialty in each region is honored as a “Lawyer of the Year” by Best Lawyers®. Since its first publication in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers compi…

Firm News

Chambers USA 2019 Ranks Hinckley Allen Attorneys and Practices

April 25, 2019

Hinckley Allen is proud to announce that the 2019 edition of Chambers USA has recognized several of the firm’s practice areas and attorneys for their outstanding work.Chambers USA rankings are based on extensive in-depth interviews with attorneys and cli…

Firm News

51 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2019

August 15, 2018

Hinckley Allen is pleased to announce that Best Lawyers® has recognized 51 attorneys in the 2019 edition of The Best Lawyers in America®, including seven “Lawyers of the Year.” Only one lawyer in each specialty in each region is honored as a “La…

Firm News

Chambers USA 2018 Ranks Hinckley Allen Attorneys and Practices

May 3, 2018

Hinckley Allen is proud to announce that the 2018 edition of Chambers USA has recognized several of the firm’s practice areas and attorneys for their outstanding work.Chambers USA rankings are based on extensive in-depth interviews with attorneys and cli…

Firm News

52 Hinckley Allen Attorneys Recognized by Best Lawyers of America

August 18, 2017

Noble F.Jomarie T.Robert J.James J.Leon C.John J.William W.Christine K.

Firm News

Chambers USA 2017 Ranks Hinckley Allen Attorneys and Practices

May 26, 2017

The Chambers USA 2017 edition, has named 18 Hinckley Allen attorneys as leaders in their fields.The Hinckley Allen attorneys featured in the Chambers USA 2017 guide include: William W. Bouton III; Christine K. Bush; Stephen J. Carlotti; Christopher H.M. Ca…

Firm News

Chambers USA 2016 Ranks Hinckley Allen Attorneys and Practices

June 10, 2016

The Hinckley Allen attorneys featured in the Chambers USA 2016 guide include: E. Jerome Batty; William W. Bouton III; Christine K. Bush; Stephen J. Carlotti; Michael J. Connolly; Scott E. Cooper; Margaret D. Farrell; Robert G.

Firm News

Chambers USA 2015 Ranks Hinckley Allen Attorneys and Practices

May 19, 2015

Publication Recognizes 20% of the Firm’s PartnershipThe Chambers USA 2015 edition, released on May 19, has named 21 Hinckley Allen attorneys as leaders in their fields The Hinckley Allen attorneys featured in the Chambers USA 2015 guide include: E. Jerom…

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Case Study

Hinckley Allen Guides Major Urban Mixed-Use Redevelopment: Arsenal Yards

Hinckley Allen provided strategic counsel to Boylston Properties and The Wilder Companies, who recently secured the equity funding and construction loan necessary to begin construction of New England’s premier urban mixed-use redevelopment project. Arsen…

Case Study

Middletown Plaza Shopping Center, Middletown, Rhode Island

Hinckley Allen has represented this developer client in connection with the redevelopment of a large shopping center on Aquidneck Island. In order to enable the client to separately finance each of the big box/credit tenant leases, and in order to avoid th…

Case Study

Dowling Village Shopping Center, North Smithfield, Rhode Island

Hinckley Allen represented this developer in connection with a 630,000 sq. ft. shopping center in northern Rhode Island. The work included all aspects of the project including; the acquisition of the numerous parcels of real estate needed for the transacti…

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Events

Past Event

Key Issues on Commercial Lease Negotiations

October 13, 2016

"This topic is intended to provide an extensive and sophisticated analysis of the major lease provisions that are negotiated in a typical commercial lease transaction. Discuss the essential lease provisions which are important from the perspective of both …

Past Event

ICSC New England Idea Exchange

July 19, 2016

The one-stop for education, networking and deal making. These one- to two-day regional meetings provide an opportunity for attendees to gain information about current industry issues, meet and interact with colleagues doing business in the same region and …