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OnDemand Course

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 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 timeline for construction, completion, and occupancy. During the COVID-19 pandemic, certain construction and permitting impacts were experienced as well as the potential for changed needs. 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.

89 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 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

Timeline

  • Entitlements, Permits, Demolition of Existing Structure and Plan Status
  • Timing for Preparation of Construction Drawings and Building Permits
  • Key Contingency Dates
  • Resolving Construction Period Issues
  • Potential Impacts of COVID-19 on Timeline

Cost Factors

  • Use of Maximum Allowances to Control Changes
  • Determination of Rent in Reference to Build-to-Suit Costs, or Fixed Rent
  • 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, COVID-19
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Why Lorman?

Over 37 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on April 21, 2021.

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

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 37 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

  • More than 35 years of experience as a real estate attorney
  • Advises major regional developers and investors with diversified portfolios on a full spectrum of office, industrial, recreational, and retail property transactions, including ac-quisitions and dispositions, leasing, financing, joint ventures, and workouts
  • Joint Venture experience includes multi-property portfolio acquisitions with joint venture capital partners, joint venture for single property acquisitions, structured equity invest-ment vehicle for reinvestment in 3 building project, evaluation of buy-sell implementation, and generally representing owners and acquirors of properties in negotiating the terms of joint ventures, including contribution, distribution and control terms.
  • Lectures on joint ventures, leasing transactions, build to suit leases, and other real estate topics
  • Former chair of Nossaman’s Real Estate Transactions Practice Group, and former assis-tant managing partner of Nossaman. Leasing partner for Nossaman.
  • J.D. degree, University of Southern California School of Law; B.A. degree, University of Pennsylvania
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Why Lorman?

Over 37 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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408343
Published 2021
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