We counsel owners, developers, architects, and contractors on a broad range of retail projects – shopping centers, national restaurant chains, mixed-use redevelopments, and upscale car dealerships. Our work in this sector reflects the range of commercial occupancies and the layered legal and financial complexity that often surrounds contemporary retail development.
Adaptive Reuse and Mixed-Use Redevelopment
One recent highlight involved advising the development arm of an integrated real estate firm with a portfolio exceeding $5 billion in projects. In response to the nationwide trend toward adaptive reuse of traditional malls, the client has pursued redevelopment opportunities that transform underperforming retail infrastructure into vibrant mixed-use communities. For example, former department store sites – once occupied by anchor tenants – have been reimagined as large-scale residential developments with restaurant and retail components, directly connected to the existing shopping center. We advised the client on owner-architect agreements for these projects, tailoring the contract structure to align with their capital partners’ expectations and the complexities of phased development across interconnected public and private spaces.
Contract Negotiation and Design-Build Support
Our experience includes negotiating many AIA Document A101–2017, Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, and AIA Document A104–2017, Abbreviated Form of Agreement Between Owner and Contractor, for shopping center and retail projects involving new construction, phased improvements, and tenant build-outs. We have advised real estate investment firms and commercial property owners on projects encompassing façade and parking lot upgrades, electrical and HVAC modernization, and civil improvements tied to lease commitments and permitting schedules.
For projects involving a design-build delivery model, we have negotiated AIA Document A141–2014, Agreement Between Owner and Design-Builder, often coordinating the design and construction timeline with lease obligations, municipal incentives, or public-private redevelopment goals. In one instance, we advised a property owner who sold land to a municipality for a public parking garage, then leased it back for interim use during construction. That transaction demanded careful contract drafting to ensure construction milestones aligned with broader redevelopment and financing timelines.
Architect and Design Team Guidance
We regularly help architects on adaptive reuse projects and renovations. For firms needing to begin work before a formal agreement is signed, we have provided custom bridging contract terms to govern subconsultant engagement and mitigate risk during the interim period. We have also guided architecture firms serving as the Initial Decision Maker under AIA Document A201–2017, General Conditions of the Contract for Construction, helping them respond to project disputes involving alleged construction defects and liability issues while maintaining impartiality and preserving their role within the construction team.
Mechanics Lien Experience in Retail Projects
Mechanics lien matters in the shopping and retail sector often involve complex ownership structures, especially when projects are within vertically subdivided buildings or part of multi-phase developments. We have prosecuted mechanics lien claims on behalf of architecture and design-build clients – ranging from six-figure claims to matters approaching $1 million – while carefully navigating title reports, recorded declarations, and parcel maps to identify the correct ownership interests without overreaching. This precision has resulted in timely recoveries for our clients without resorting to litigation.
We have also acted for institutional property owners seeking to remove invalid or improperly recorded liens. In one case, we invoked Section 34 of the Illinois Mechanics Lien Act to eliminate a fraudulent mechanics lien within 30 days, preserving title and financing conditions and avoiding litigation.
Comprehensive Risk Management for Retail Projects
Whether we are negotiating a $10.5 million construction agreement for a new car dealership, reviewing subconsultant contracting strategies for a restaurant build-out, or counseling a design team on early-phase design work, we approach each engagement with an emphasis on clarity, enforceability, and strategic risk management.
Contact us to discuss how our experience with retail development, contracts, and lien management can protect your project and reduce risk.
