Property Management

Cox, Castle & Nicholson LLP has unparalleled expertise on matters of regulatory and compliance issues affecting all aspects of building ownership, management, and operations. We routinely handle all matters related to the ownership and operation of real estate projects, including leasing, design, engineering, construction, development, and management agreements for all types of retail, office, industrial, and mixed-use projects.

Operational Issues & Obligations. Our attorneys have extensive experience in negotiating and documenting the agreements necessary to own and operate a wide range of product types, including listing agreements, design and construction agreements, management agreements, and ground/building/space leases, including build-to-suit, reverse build-to-suit and shop leases. We also have extensive experience in negotiating and documenting construction agreements between owners and general contractors, between general contractors and subcontractors, and between owners and design professionals. Our expertise extends to operational and management agreements relating to shopping center, mixed-use, office, and industrial projects.

Financial Issues and Tenant Defaults. We have extensive experience recovering possession of leased premises for the owners of retail, mixed-use, office, and industrial projects. We have developed streamlined procedures to reduce the cost and/or time to recover possession of leased premises following a tenant’s breach of lease. Our lawyers are experienced in resolving (with and without litigation) disputes of all kinds over the payment/nonpayment and collection of rent, breaches of the other terms, covenants and conditions of leases, common law defaults, and issues concerning landlord liability.

Insurance Issues and Risk Management.  Our experience in structuring general liability insurance coverage, and in resolving a variety of general liability and other insurance disputes involving commercial projects, is important to our clients. Regardless of the property type, we assist clients in developing risk-management systems and responses to minimize liability. We are experienced in identifying potential risk areas and assisting in establishing effective protections and operating protocols.

Environmental Issues & Obligations. Our legal staff has developed a comprehensive environmental law practice with tremendous depth of experience in finding creative, business-oriented solutions to complicated environmental problems. We assist property managers in evaluating potential liabilities associated with contaminated property and developing and implementing strategies to control and minimize such liabilities for buyers, sellers, developers, lenders, public entities, landlords, and tenants. For example, we have assisted property owners in managing risk associated with mold, including designing scopes of work to properly assess for the presence of mold, evaluating liability arising out of the presence of mold, and implementing mold remediation programs. We have also developed lease provisions intended to shift risks associated with mold and certain hazardous materials, such as those associated with the operation of a dry cleaning facility. We handle a wide variety of environmental litigation, including cost recovery, administrative and criminal enforcement proceedings, insurance coverage, and Proposition 65 actions. In addition, our attorneys are experienced in obtaining insurance coverage for environmental risks.