Areas of Practice
LEASING
Experienced lease counsel will streamline the documentation and negotiation process. Landlords and tenants both benefit from fast signings of new leases, with counsel asking the right questions to raise any issues near the beginning of the transaction so they can be addressed, rather than allowing any disconnect to develop into a misunderstanding and dispute at a later stage. The same is true of lease amendments, extensions, workouts, and early termination agreements.
EMINENT DOMAIN AND DISPUTE MANAGEMENT
Litigation tends to take on a life all its own. Unfortunately, it is not terribly uncommon for litigation expenses to exceed the amounts in controversy. Moreover, while clients may work on thousands of transactions with trusted transaction counsel, litigation relationships tend to be less enduring. Counsel with both transactional expertise and trial experience are rare but valuable, and can offer perspective to help identify disputes meriting resolution at the early stages, and provide support during early dispute stages that may result in avoidance of litigation altogether. On the other had, in eminent domain cases the condemning authority will be responsible for paying the property owner’s attorneys’ fees. We are experienced in all aspects of condemnation, including but not limited to business damages claims, severance damages, and review of appraisals.
COMMERCIAL EVICTIONS AND DEFAULTS
When a tenant breaches its lease, it may be necessary to recover possession of property as quickly as possible through judicial process. In addition to nonpayment of rent, tenants may violate exclusive use clauses or use restrictions, fail to perform maintenance obligations, contest pass-through expense charges, and engage in nuisance uses. In a perfect world, landlords would not need to initiate litigation. When they have no choice but to go to court, they should go to win. Likewise, a landlord’s wrongful breach of its lease can cause substantial damages to a tenant. We can help establish the breach, and work with accountants and economists to quantify the damages.
FINANCE
Whether borrowing or lending funds, or modifying a loan, competent counsel is required to ensure that all collateral is successfully pledged and encumbered. Legal opinions based on document review are required by most commercial lenders. Experienced counsel can ensure that negotiation of loan documents, when necessary, is an efficient and collaborative process.
TRANSACTION MAnAGEMENT
Transactions can be complex. In addition to coordination between surveyors, appraisers, engineers, environmental consultants, local government officials, clients, lenders, and counter-parties, overlapping critical path workflows may need to progress between law firms, and within law firms. Engaging experienced outside counsel to “quarterback” the transaction will minimize delays and maximize the odds of a successful closing. Everyone on the team performs better, and is more likely to succeed, with a competent coordinator.
TITLE INSURANCE, CLOSINGS, AND ESCROW
Boston PLLC is an approved issuing agent for First American Title Insurance Company. We are equipped for commercial closings of any size, and also periodically handle residential closings of significant value. We have two notaries public on staff.