March 2020

Converting Retail For Industrial Use? What To Look For

In recent years, many former retail spaces have been converted for other uses, such as industrial or e-commerce (i.e. fulfillment, “pick-and-pack” centers).Building Size: The landlord should consider the building’s size and condition. The landlord w…

December 2019

Six Operational Concerns When Splitting Up a Shopping Center

There are a wide array of reasons why shopping center owners may want to split up their shopping centers, from reducing ownership exposure in local markets, to adding value by creating new parcels for development, to increasing marketability by accessing d…

Navigating Zoning Hurdles for Alternative Uses

Every month, it seems that another Planning and Zoning Commission (PZC) has approved a new alternative use business in a location that previously housed typical retail or industrial establishments: an axe-throwing business in a former warehouse, an interac…

Co-Tenancy: Drafting Considerations for Developers and Landlords in the Changing Retail Landscape

A co-tenancy provision in a retail lease is a powerful tool for tenants that can have long lasting effects and unexpected consequences for landlords and developers.  This provision conditions a tenant’s obligation to remain open and operating based on o…

July 2019

Tariffs, Taxes, and Trade Wars: Using Material Price Escalation Clauses to Mitigate Risk in an Uncertain Political Climate

Current economic conditions and recent changes to trade policy governing the importation of goods crucial to construction activities—aluminum, steel, fuel, etc.—have had a significant impact on the cost of these and other goods in recent years. As a re…

The Unintended Consequences of Accommodating the Commercial Holdover Tenant

It is almost never a good idea for a landlord to treat a commercial holdover tenancy with anything less than the urgency it deserves. While there may be certain nuances that might exist from jurisdiction to jurisdiction, this need for exigency is uniform i…