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Negotiating the Build-to-Suit Lease

Learn how to address and negotiate the unique issues that arise in build-to-suit leases.

Build-to-suit leases present certain different issues from typical leases of existing space and buildings. In most leases, the building is already in place, and the additional required work to prepare the premises for the tenant's use consists of mostly interior improvements or will be undertaken by the tenant itself. In a build-to-suit lease, the building may not yet be constructed, or the landlord will take on substantial work to renovate significant portions of the property and the building to accommodate the particular tenant's use, or the landlord will be solely responsible for all interior improvements and the risks as to the cost of the same. The parties are sometimes working from preliminary plans in negotiating the development of the space or the entire site. Build-to-suit tenants are often seeking to take space to meet a key business need or to consolidate functions, and as a result, the timing of completion is critical. As a result, the parties need to clearly understand the factors which could affect the time line for construction, completion and occupancy. This topic will address some of the key elements necessary to assure that the unique issues of build-to-suit leases are adequately addressed in the lease, and the negotiations leading to the lease.

Runtime: 89 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Key Issues in Build-to-Suit Leases

Time Line

  • Entitlement, Permit and Plan Status
  • Timing for Preparation of Construction Drawings and Building Permits
  • Key Contingency Dates
  • Resolving Construction Period Issues

Cost Factors

  • Use of Maximum Allowances to Control Changes
  • Determination of Rent in Reference to Build to Suit Costs
  • Extension Option Rent

Delivery of Premises

  • Early Delivery of Portions of Building to Meet Tenant Start Needs
  • Delays in Delivery and Remedies
  • Non-Landlord Delays (Force Majeure, Tenant Delay, Permitting Delay)
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on August 21, 2018.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Kenneth S. Kramer

Kenneth S. Kramer

Nossaman LLP

  • Partner at Nossaman LLP
  • More than 30 years of experience as a real estate attorney
  • Has been the firmís Assistant Managing Partner for several years with responsibility for various management functions, including evaluation of financial elements of the firmís performance and potential changes within the firm
  • In that capacity, he has had the opportunity to consider various decisions considered by the firm and how those decisions might impact the firmís growth
  • In his practice, he advises major regional developers and investors with diversified portfolios on a full spectrum of office, industrial, recreational and retail property transactions, including acquisitions and dispositions, leasing, financing, joint ventures, and alternative energy transactions
  • J.D. degree, University of Southern California Gould School of Law; B.A. degree, University of Pennsylvania
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 403943
Published 2018
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