Real Estate & Construction

The Legal 500 describes our Real Estate and Construction work this way: “Clients commend it as an ‘excellent firm— it is very responsive and provides valuable advice’.” “It has extensive experience in structuring, developing and financing complex mixed-use projects throughout the world, and represents both borrowers and lenders in the debt markets.”

With substantial real estate industry experience, we handle a wide range of sophisticated transactions for nearly every product type. What distinguishes us from many law firms is our small, cost-effective teams and our knowledge of real estate industry fundamentals.

Baker Botts regularly represents major banks and insurance companies, as well as borrowers and merchant and investment banking firms. We have substantial experience in representing borrowers as well as lenders in first-lien mortgage bank financing and mezzanine financing.

Our lawyers represent landlords and tenants in the negotiation of tenant leases covering millions of square feet of office, industrial, retail and other commercial space. We have significant experience in drafting and negotiating joint ventures between institutional investors and leading real estate firms. Also, Baker Botts has a well developed portfolio of construction-related representations. This experience is built upon a broad base of transactions involving the development and financing of capital-intensive projects throughout the world.

Baker Botts is experienced in advising real estate companies and other fund sponsors in the formation of real estate investment funds, and in advising real estate investment funds in their operations and investment transactions. We structure these to accommodate the differing needs of all types of investors, including sovereign wealth funds, government pension plans of various international jurisdictions, U.S. state and local pension plans, private pension plans, university endowments, bank holding companies, insurance companies, other taxable and nontaxable institutional investors and individuals.

We have particular experience with regard to the structuring, drafting and negotiating of engineering, procurement and construction (EPC) contracts in a wide variety of projects. Much of the firm’s EPC experience has been developed in the context of project finance and other structured finance transactions. In these deals, our lawyers work closely with clients to structure and negotiate EPC arrangements that meet the competing requirements of owners, contractors, lenders and other project participants. Our lawyers are trained to anticipate issues and recognize opportunities in the project development context.

We have a deep understanding of the industries we serve and that knowledge provides us with the ability to deliver better solutions.