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Lease-Leaseback Construction Delivery Method

 

Understand the features, nuances, complexities and risks of lease-leaseback projects.

Lease-Leaseback can be a very effective tool for project delivery and has been enjoying increasing popularity. It involves an owner leasing a site to a developer who, in turn, develops the project and leases it back to the owner. The developer can be paid over the course of construction and for a post-construction occupancy period, or the developer can fully finance the project until completion, with the lease payments commencing at project completion. Either way, owners are given flexibility to engage developers early in the project, before the plans and specifications are completed, resulting in more collaborative projects with less claims and delays. Unlike in design-build projects, owners will retain design responsibility. Done correctly, the projects can be quite successful. Done incorrectly, owners and developers can be exposed to significant risk, including in some states, disgorgement of all monies paid and liabilities for conflicts of interest.

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Lease-Leaseback Construction Delivery Method

Agenda

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Lease-Leaseback Construction Delivery Method

Faculty

Eileen M. Diepenbrock, Esq.

Eileen M. Diepenbrock, Esq.

Diepenbrock Elkin Dauer Stephens McCandless LLP

  • Partner in the Business and Construction Law/Litigation group at Diepenbrock Elkin Dauer Stephens McCandless LLP
  • More than 30 years of experience in the construction and real estate development industry, with a heavy focus on public works construction
  • Received the highest rating with Martindale-Hubbell Law Directory
  • Fellow in the American College of Construction Lawyers; Listed in Forbes in 2008 as one of The 10 Most Dependableā„¢ Litigation Attorneys of California; Recognized every year beginning in 2011 as among the Northern California SuperLawyers, and in 2015 and 2019 recognized as among the top 50 women in the Northern California SuperLawyers; consistently named among the Best of the Bar by the Sacramento Business Journal
  • Practice involves drafting all manner of construction documents from design-bid-build to design-build to lease-leaseback; challenging and defending the award of public works contracts; counseling, negotiating and litigating construction claims; and assisting legislators as the industry expert on legislation of importance to the construction industry
  • Member of the American Bar Association construction mediator and arbitrator panel
  • Frequent speaker and author on construction and public works topics, including writing and editing chapters for ABA publications
  • J.D. degree, with great distinction, Order of the Coif, University of the Pacific, McGeorge School of Law; B.S. degree in English literature, University of Santa Clara
  • Can be contacted at 916-492-5024 or [email protected]
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Lease-Leaseback Construction Delivery Method

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