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Real Estate and Redevelopment

Real Estate and Redevelopment in New York & New Jersey

Landlord/ Tenant Defaults And Term Negotiations Relation To The Corona Virus

Lieberman Blecher & Sinkevich has already had discussions relating to tenants who cannot or are otherwise not paying monthly rent assessments and related financial obligations under commercial leases because of mandated business shutdowns. Sadly, this issue promises to continue as the government imposed quarantine and closure of non-essential businesses continues. Unfortunately, we anticipate that many landlords will be compelled to miss mortgage payments as their tenants continue to either pay no rent, or as the case might be, greatly reduced rent. In this article, we evaluate likely landlord asserted claims as well as tenant defenses as these problems multiply.

As will be explained, many of these matters will be resolved amicably through the negotiation of temporary agreements likely through the creation of lease addenda. However, that remedy will not always be available making legal redress through mediation, arbitration or litigation inevitable. Read more here.

Commercial Real Estate Legal Services for Businesses and Individuals

The attorneys at Lieberman Blecher & Sinkevich assist individual and organizational clients in the buying, selling, developing, redeveloping, transferring and refinancing of real property. Our real estate practice is primarily focused on commercial property and our clients include small business owners, entrepreneurs and corporate landowners with extensive real estate portfolios. We assist these clients with negotiation, contract preparation, due diligence, title review, financing, land use issues, permitting, closing and overall project management. In our real estate practice, we believe that one size does not fit all. We make a point of fully understanding our clients’ objectives as landowners and business owners so as to provide services that will meet each client’s specific legal, business and investment needs.

Environmental Issues in Commercial Real Estate

Our commercial real estate practice grows out of our broader environmental law practice. Landowners and prospective landowners frequently seek out our law firm because of its strong environmental law capabilities. Clients look to our attorneys to help them navigate the environmental issues affecting their properties and business operations. For example, our attorneys assist clients by evaluating environmental conditions and liabilities identified during Phase I Environmental Site Assessments, steering them through the New Jersey Industrial Site Remediation Act or ISRA process and obtaining environmental and related permits from governmental authorities. In cases where environmental impacts, such a soil or groundwater contamination, are identified, our attorneys help clients to understand the extent of their environmental obligations and the myriad ways that environmental obligations and liabilities can be managed in the course of a real property transaction.

Brownfields and Redevelopment of Industrial and Commercial Property

Brownfields are properties have either been impacted by environmental contamination or are believed to have been impacted by environmental contamination. These properties sit idle, have been abandoned, or are otherwise underutilized as a result of the real or perceived environmental impact. Such properties often include former industrial and manufacturing sites where discharges of hazardous substances or petroleum products have occurred. Brownfields can also include relatively clean properties that are thought to be contaminated because of their proximity to a known contaminated site. The redevelopment of brownfields and other contaminated property can be vital to the economic and social development of their host communities. As a result, landowners, investors and governmental entities are often inclined to support the redevelopment of these once productive sites.

The environmental lawyers at Lieberman Blecher & Sinkevich assist clients in their efforts to buy, sell, and redevelop brownfield sites. In doing so, our attorneys have developed a unique understanding of the historical uses of industrial and commercial properties, the environmental issues that may result and how to return now dormant sites to productive use. We work routinely with landowners, lenders, redevelopment agencies, environmental regulators, investors, financiers, and environmental and other consultants to analyze and achieve beneficial reuse of brownfield sites. Regardless of the role a client may play in a brownfields or redevelopment transaction, our attorneys provide thoughtful guidance to ensure a successful transaction.

An established environmental lawyers, shareholder Stuart J. Lieberman literally wrote the book on brownfields in New Jersey. “New Jersey Brownfields Law” is available from the Law Journal Publications Press, and details many of the issues associated with and peculiar to New Jersey Brownfields redevelopment.

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Recent Blog Posts

Recent Appellate decision emphasizes the consequences of failing to perform due diligence

In December 2020, the NJ Appellate Division published a decision emphasizing the importance for purchasers of property use their “due diligence” period to learn as much as possible about the
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Recent Appellate decision emphasizes the consequences of failing to perform due diligence

New Jersey has ambitious goals for emission reductions

New Jersey’s Global Warming Response Act (“GWRA”) calls for New Jersey to decrease its greenhouse gas emissions by 80% from their 2006 levels by 2050. In January 2020, Governor Murphy
Read More
New Jersey has ambitious goals for emission reductions

San Diego Receives Federal Funding to Fight Mexican Sewage

San Diego has just received substantial federal funding from the EPA to address a chronic problem: raw sewage coming from Tijuana Mexico. That sewage has been migrating over the border
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San Diego Receives Federal Funding to Fight Mexican Sewage

New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy

A New Jersey Supreme Court opinion issued on January 27, 2021 affirmed an Appellate Division decision in favor of NJ Transit over its insurers. In 2012, when Superstorm Sandy hit
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New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
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