Commercial Real Estate

Bilodeau Capalbo, LLC understands and provides business and legal advice for all stakeholders in the real estate industry in Rhode Island, Connecticut, and Massachusetts, including:

• Owners
• Investors
• Capital providers
• Developers
• Pension funds
• Opportunity funds
• REITs
• Traditional lenders
• Alternative lenders
• Master and special servicers
• Landlords
• Tenants
• Builders
• Contractors
• Public private partnerships

For these clients, we assist with virtually all facets of real estate, including purchase and sale, financing, joint venture, master limited partnership, public-private-partnership, space leasing, air-rights leasing, ground leasing, entitlement and development, property management, operations, workouts, litigation and dispute resolution. The property types include office, multifamily, retail (malls and shopping centers), hospitality, educational, industrial, religious, mining and raw land among others.

Having helped clients with thousands of real estate purchases, sales and development projects throughout Rhode Island, Massachusetts and Connecticut, Bilodeau Capalbo, LLC's commercial real estate lawyers have the experience necessary to help structure and negotiate the best deal, then quickly document and close the transaction. Our interdisciplinary strengths allow us to handle related due diligence including ADA, corporate issues, financing, land use and zoning, environmental, labor, and intellectual property, as well as litigation and matters involving distressed assets, such as bankruptcy, receivership and workouts. We represent clients in the purchase and sale of assets and loans, including portfolios, both performing and non-performing. We represent clients in the opportunistic purchases of distressed properties and debt, and note acquisitions.

Bilodeau Capalbo, LLC's real estate lawyers advise owners, lenders, funds and investors on financing strategies. We can negotiate and document the full range of loans including construction loans, permanent loans, acquisition loans, working capital revolving loans, and other real estate secured loans. We can facilitate the financing of any development project using conventional lending sources, mezzanine financing, conduit and securitized financing, debtor-in-possession financings and related roll-ups. We evaluate and structure financing alternatives, develop and analyze lease versus ownership advantages, economic incentives and assure that transactions comply with regulatory requirements. Our experience includes handling tri-party agreements, participant and syndication agreements, inter-creditor issues, contingent interest and shared appreciation loans. We anticipate and resolve issues dealing with title, deed, environment and other problems that typically arise.

Bilodeau Capalbo, LLC's particular strength is handling all permitting and compliance issues for clients seeking to locate and develop new sites, relocate or expand operations. We work closely with local government officials to make certain the land for real estate and development projects has the appropriate zoning and required permits and approvals, including all elements of vested rights. We are knowledgeable, skilled negotiators who can produce results when dealing with local governments, city councils, zoning boards and planning and redevelopment agencies, as well as with state and federal agencies that oversee environmental and land use issues.

Projects that we have helped move through the approval process include shopping centers, office buildings, multifamily developments plus a wide range of such industrial projects. Such projects have included all phases of public-private-partnerships and government incentives and lease financing. We have handled projects that include development and redevelopment, mixed use, residential subdivision, coastal projects and historic sites.

We counsel our real estate clients in identifying, evaluating, and efficiently resolving environmental issues, including air, water, hazardous materials, and soil-related work. Environmental issues often arise in the sale, purchase, or financing of real property, and in expansions and relocations. The consequences of incomplete or ineffective environmental counsel can kill or significantly delay a project, or lead to litigation with substantial damages, fines or jail time as potential penalties.

Bilodeau Capalbo, LLC's environmental lawyers provide our clients with environmental guidance that combines practical business understanding, dispute resolution skill, and detailed insight on the laws and regulations. We regularly advise clients on compliance issues and represent them in enforcement actions. In the context of a real estate transaction, we provide site assessment and also handle any related remediation issues.

If you are an owner, developer, investor or lender in any commercial market sector, you can turn to Bilodeau Capalbo, LLC for help with any development project. We will get your shopping center, office, multifamily, industrial, hotel, resort, healthcare or mixed-use development project done right. Using the experience we have gained from working with the key players in the development process, we do what’s necessary to make a project successful – get regulatory and land use approvals, negotiate development agreements, conduct environmental due diligence, secure loans and development incentives, and work to bring the construction and lease or sale of the project to completion. Our Rhode Island attorneys have negotiated and documented all aspects of development, construction, financing, management and operations for projects that range from high-value residences to complex, multi-phase, multi-use projects.

Our real estate and commercial finance lawyers represent banks and other traditional and non-traditional lenders in structuring, negotiating and documenting financial transactions, including permanent real estate secured loans, construction loans, syndicated and participating loans, mixed-collateral and personal property secured loans, lines of credit, and the like.

Our Rhode Island real estate lawyers’ extensive experience with all real estate asset classes permits us to creatively and efficiently structure and document loans secured by any type of real estate, while our commercial lawyers’ experience provides the framework to secure loans by securities, other investment property and specialty collateral. We have documented agricultural loans, asset-based loans and factoring transactions, as well as reimbursement agreements relating to letter of credit facilities. Put simply, if a lender wants to make a loan, we can document it.

Bilodeau Capalbo, LLC has successful results for clients faced with distressed real estate loans. We know how to move quickly to preserve assets, create a winning strategy and resolve problems, whether by negotiation, forbearance, litigation, receivership, bankruptcy or foreclosure. Whether a deal is in the process of being put together or is in danger of falling apart, Bilodeau Capalbo, LLC's insolvency team is ready at a moment's notice.

Often, borrowers, guarantors and creditors are best served by reaching out-of-court agreements. Bilodeau Capalbo, LLC’s bankruptcy lawyers know how to negotiate from strength to reach deals that make sense and avoid litigation. We handle out-of-court debt and equity restructuring, complex workouts, assignments for the benefit of creditors, receiverships and foreclosures representing debtors, creditors, committees, assignees, receivers and investors.

We help clients structure sales to maximize value. Bilodeau Capalbo, LLC's Rhode Island lawyers have sold real estate and personal property in bankruptcy sales, receiver’s sales, sales by assignees for the benefit of creditors, UCC sales, foreclosure sales and auction sales. Choosing the right sale procedure often makes the difference between paying off a loan in full and leaving money on the table. Choosing counsel who understand how sales are conducted in Receiverships and Bankruptcy Court is essential to a successful acquisition. Bilodeau Capalbo, LLC's Rhode Island bankruptcy lawyers are equally at home in bankruptcy courts, federal and state courts, arbitrations and mediations.

The complexity of construction projects – large or small – requires expert legal advice to prevent or resolve problems that arise before, during, and after construction. Bilodeau Capalbo, LLC's lawyers help clients confidently approach all phases of their construction ventures and resolve issues to minimize problems, expense and delays. We represent owners, developers, contractors, subcontractors, architects, engineers and suppliers at every phase of the construction process. We advise on land use, labor, general business and contract issues, negotiate and draft design and construction contracts and provide all construction loan documentation. We help with project administration and management issues to control downtime and ensure that work disruption is avoided or kept to a minimum. We’ll also evaluate all covenants, conditions and restrictions (CC&Rs), guaranty strategies, and title and priority issues. We are strong advocates for our clients when litigating and resolving defect and claims disputes, either through trial or alternative dispute resolution. We represent their interests in controversies involving bid protests and mistakes, cost disputes, design error, professional liability, defective installation and contract disputes. Our industry knowledge allows us to resolve problems in ways that minimize expense and time for our clients.

Bilodeau Capalbo, LLC represents landlords and tenants in commercial leasing transactions, including ground and air rights leases. We negotiate and prepare leases for office, industrial, shopping center and retail, mixed-use developments and other commercial establishments, and handle ancillary transactions such as tenant improvements, common areas, and parking. We are experienced in sophisticated mixed-use issues, reciprocal easement agreements, lease termination negotiations, contract and lease administration and abstracting lease portfolios. We also handle lease disputes and lease terminations in normal business contexts as well as in bankruptcies and workouts.

For our clients with large portfolios of commercial real estate – including funds, investors, lenders, and owners – we provide a full range of legal services required to maintain and enhance the value of their specific assets. These services include negotiating and documenting a variety of agreements and licenses to facilitate effective and profitable portfolio management.

Bilodeau Capalbo, LLC's lawyers help clients determine the entity structure that is best for their real estate venture. We structure limited liability companies, corporations, partnerships and trusts for the purpose of acquiring, developing and operating real property. We are experienced in the structuring, formation and capitalization of REITs.

Bilodeau Capalbo, LLC is an active participant in the construction and building materials industry. We advise materials suppliers (including rock, sand and gravel quarry operations, and aggregate) in a full range of issues, including their highly specialized needs in land use, natural resources, environment and other real estate issues.

Bilodeau Capalbo, LLC's litigation attorneys have significant experience in resolving real estate disputes on behalf of tenants, landlords, owners, developers, lenders and investors.

Bilodeau Capalbo, LLC's real estate lawyers are committed to the preservation, development, improvement, and operation of real estate. We understand how it can build wealth as well as community. Times and markets may change, but our focus never does. We are committed to getting the deal done, solving problems, and helping our clients meet their goals.