Project Development

Attorneys on our Banking and Financial Services Team structure, negotiate and close complex financial transactions on behalf of borrowers and lenders. Our work includes revolving and term credit facilities, asset-based loans, letters of credit, acquisition loans, public and private debt offerings, trade finance and loan restructurings.

One of the key benefits under the New York State Brownfield Cleanup Program is significant tax credits available to brownfield redevelopers. Our immense understanding of the technical side of brownfield site cleanup and development allows our cross-disciplinary team of Corporate and Business Law, Real Estate, Tax and Environmental Law attorneys to provide an entire suite of legal services for every stage of brownfield redevelopment projects. From qualifying for entry into the program, through the investigation and remediation stage, to obtaining a timely Certificate of Completion (COC), our attorneys will help you keep the process moving at every stage. We also have significant experience in maximizing and capturing the value of available tax credits for remedial costs and other costs related to site redevelopment. We work with our Tax and Environmental Law attorneys to structure the transaction with the goals of achieving the greatest speed-to-market and maximizing credits.

We draft, review and negotiate a broad array of construction-related contracts including agreements with general contractors, construction managers, architects, engineers and designers. We have experience representing owner-developers as well as construction professionals across a spectrum of industries for both large and small projects. These projects may relate to new construction or renovations to existing structures. We adapt our agreements to serve our client’s specific legal and business needs, which we always hold at the forefront. For some transactions, we utilize form agreements prepared by the American Institute of Architects (AIA), which we modify to serve our client’s interests and to conform to the business terms of the transaction. In other cases, it is more beneficial to our client to start the drafting process with a contract that is tailored to fit the specific requirements of the project.

Our attorneys structure, negotiate and close mortgage transactions on behalf of property owners, developers and lenders. These transactions include construction loans, permanent loans, multifamily financing, affordable housing and tax credit financing, all types of tax-exempt and taxable industrial revenue bonds, the sale and hypothecation of timeshare loans and mortgage warehouse lending, and the workout and restructuring of all types of real estate loans and project financing solutions.

We have handled project development and real estate disputes centered around construction defect cases involving sewer line damage, concrete failure, parking lot failure, defective retaining walls, defective roofing and roof systems, and architectural and engineering malpractice.

We continually review, draft and negotiate all types of easements and rights-of-way on behalf of either the grantee of the easement rights or the owner of the real property. Our practice includes access easements, utility rights-of-way, municipal easements, aviation easements, air rights, easements of light and air, and reciprocal easement agreements.

We help clients capitalize on the most advantageous local, state and federal tax incentive packages available for their development or relocation projects. As a Red Book firm in public finance, we offer counseling in all aspects of bond issues and other public finance transactions.

Our attorneys assist developers in selecting the most appropriate business structure for their project. We consider the tax consequences, debt and equity financing plans, and the desired management structure to determine whether a C-corporation, S-corporation, joint venture, limited partnership, limited liability company, complex shareholder agreement or other entity is most suitable. We also regularly tap into our securities law expertise to help our developer clients raise equity.

Our Environmental Law attorneys are highly experienced in all areas of environmental law, including land use permitting and zoning, brownfield redevelopment, due diligence, impact reviews and compliance with environmental statutes and regulations.

Attorneys at Phillips Lytle join forces with a wide range of key figures in federal, state, municipal and economic development agencies to formulate innovative solutions for our clients’ myriad development and relocation goals. Our close working relationships with these officials keep our attorneys aware of existing or pending legislation, as well as political issues that could impact a client’s plans, enabling us to provide invaluable assistance on time-sensitive projects.

We assist clients with consular visa proceedings, border issues involving admission to the United States, and litigation of immigration matters at the administrative hearing and federal district court levels. Our Immigration attorneys guide numerous Phillips Lytle clients in preparing and filing all employment-based applications, including H-1B (specialty occupations), L-1 (intracompany transferees) and TN (Trade NAFTA professionals) applications, as well as applications for lawful permanent resident status (green cards).

Phillips Lytle’s Labor and Employment attorneys identify the many state and federal labor and employment laws that apply to your project and then help businesses set up compliance programs. Our services range from assisting with employee handbooks to representing businesses before governmental agencies on labor and employment issues. If a business has a labor or employment issue, our attorneys have the experience to provide whatever assistance is needed.

Phillips Lytle has one of the leading Land Use, Permitting and Zoning practices in New York State, appearing before hundreds of land use planning and zoning agencies across the state and having participated in major land use litigation. We regularly assist a variety of clients, from local business owners and developers to Fortune 500 companies, with site plan reviews; special, restricted and conditional use permits; area and use variances; rezonings; and cluster and planned unit developments. We expedite complex and controversial development matters involving numerous permits and approvals in front of regulatory agencies, sometimes in the face of significant community opposition.

We also have extensive experience in coordinating zoning reviews and Environmental Impact Reviews pursuant to the State Environmental Quality Review Act, the City Environmental Quality Review, the National Environmental Policy Act, cultural resource reviews in consultation with the State Historic Preservation Office, and wetland permitting in consultation with the United States Army Corps of Engineers and the New York State Department of Environmental Conservation.

Our approach emphasizes:

• An integrated team that coordinates the roles and responsibilities of the client, consultants, contractors and other professionals.
• Cooperative outreach to all parties involved, including interested local, state and federal agencies.
• Coordination and outreach within the community to open lines of communication and minimize neighborhood opposition.
• Development of pre-application project implementation plans to establish clear and concise responsibilities and timelines.
• Simultaneous review and processing of applications by various regulatory authorities.

Phillips Lytle has more than 185 years of experience rapidly bringing companies and builders to market. From real estate, tax and environmental law to land use, permitting and zoning, government relations and commercial finance, we have an extensive knowledge base and a track record of success, which is why companies looking to bring their project to fruition fast and economically choose Phillips Lytle.

Phillips Lytle’s Tax attorneys advise and represent clients in all aspects of New York State and federal tax laws, as well as in tax-related matters. We advise clients on the tax issues and consequences associated with mergers and acquisitions, partnerships and joint ventures, limited liability companies, real estate investments, REITs, S-corporations and financing transactions, including qualified and non-qualified deferred compensation agreements, as well as employee welfare benefits.