Real Estate

The lawyers in Barrett & McNagny's Real Estate Group provide legal services and counsel to commercial and residential real estate developers, residential and commercial contractors, financial institutions, municipal entities, retail, commercial and industrial businesses, real estate agents and individuals. In addition, most real estate matters encompass more than real estate law. Barrett & McNagny has significant depth and experience in other disciplines that apply to both the simplest and the most complex real estate matters. Those include environmental, tax, governmental, municipal, corporate, bankruptcy and workout, estate planning, insurance and litigation expertise.

Practice Highlights

Acquisitions and Sales

Care and attention is given to our clients by attorneys who are well versed in issues arising from the time real estate is acquired to the time it is sold. This representation includes negotiation of purchase and sale contracts, review of survey and title work, environmental assessments and wetland delineations, soil testing, inspection and engineering issues, closing document preparation, and closing settlement services.

Real Estate Finance 

Lawyers in the Real Estate Group regularly represent owners of real estate, borrowers, banks, insurance companies and other lenders in connection with the negotiation and preparation of documentation for routine to complex real estate loan transactions. Transactional matters include negotiation of loan commitments, construction and permanent financing transactions, mortgage warehousing, development financing, and other mortgage-backed secured transactions.

Land Use Regulation 

Our lawyers are experienced in the regulatory environment affecting the redevelopment of improved real estate or the development of unimproved land for multi-use commercial projects, shopping centers, residential projects, industrial projects and office parks. This includes an understanding and expertise in all aspects of land use planning such as zoning, subdivision, annexation, eminent domain, environmental law, and applicable Federal, State and local permitting requirements for real estate development and redevelopment.

Real Estate Development and Use

Our Real Estate Group represents developers of all types of real estate, including unimproved land, brownfields, commercial office and industrial buildings, hotels, residential projects, and shopping centers. Our work includes drafting and negotiating purchase contracts, ground leases, site development agreements, restrictive covenant and easement agreements, and related documents pertaining to the development and use of unimproved or improved real estate. 

Leasing

Our lawyers practice all types of commercial and residential real estate leasing, including office buildings, shopping centers, industrial projects, communications towers and apartment buildings. We represent both landlords and tenants in all aspects of lease negotiations, including equity participations and complex tenant construction issues.

Construction Law

The lawyers in our Real Estate Group assist our clients with all aspects of construction projects, from the initial planning stage and continuing through design, to the actual construction and post-construction matters. This expertise includes the negotiation of design and construction contracts, construction delay claims, design defects, mechanics liens, warranty issues, performance bond and insurance issues, environmental concerns, coordination of various regulatory agency requirements, contractor's default and insolvency and related matters pertaining to the interests of both the owner and the contractor in commercial, industrial, and residential construction projects.

The Real Estate attorneys include Kyle M. Baltes, Stephen L. Chapman, Richard E. Fox, Henry P. Najdeski, Joshua C. Neal, Thomas M. Niezer, Kylee J. Shirey, David R. Stein, William D. Swift and Samuel J. Talarico, Jr.

215 East Berry St. Fort Wayne, IN 46802   |    Phone: 260.423.9551    |   Fax: 260.423.8920
Copyright © 2008 Barrett & McNagny LLP
All rights reserved.
Web Design and Development by Aptera