We have represented developers, institutional investors, and capital partners on major distribution and logistics center projects throughout the United States.
This sector is particularly meaningful for our practice, as these engagements have placed us in the role of trusted counsel to clients with tremendous influence over the project team, budget, and outcome – enabling us to help shape delivery strategy and contracting from the outset.
Major Industrial Logistics Projects
We advised an insurance investor – a commercial real estate capital provider and wholly owned subsidiary of a leading property and casualty insurance company – on an $81 million cost-plus guaranteed maximum price (GMP) construction contract to develop a 1.2 million sq ft, cross-dock industrial logistics facility. The project was executed as a joint venture with a prominent developer. We advised the client on contracting strategy, construction delivery methods, and drafted and negotiated the full GMP agreement, as well as an initial letter of intent and indemnity agreement to facilitate critical early work while financing was still being finalized. We worked to align incentives, mitigate risk, and address nuanced issues related to scope, insurance, schedule, long-lead items, and cost escalation. The project is now completed and fully leased – a win for our investor client.
We represented a national industrial real estate developer on a $38.4 million GMP agreement for a 550,000 sq ft distribution facility with nearly 100 semi-trailer docks. Our role included drafting and negotiating the entire GMP contract, aligning contractor incentives with owner goals through shared-savings provisions and careful structuring of allowances, contingencies, and cost definitions. The contract also addressed detailed construction scope including infrastructure, mechanical, electrical, plumbing, and fire protection systems. The project was delivered successfully and fully leased.
We also guided two $18 million industrial projects. In one, we helped a developer navigate substantial post-completion geotechnical and civil engineering issues that could have undermined critical relationships with tenants, lenders, and equity partners. Our strategic guidance and coordinated response – including forensic inspection and legal support – helped achieve a successful resolution and safeguarded the client’s market reputation. In another matter, we advised a developer from project inception on an approximately $18 million GMP construction project for a 225,000 sq ft building. When unforeseen environmental and zoning issues arose, we helped terminate and replace construction contracts, negotiate long-lead-item title and possession issues, and relaunch the project with new agreements and a revised team.
Customized Contracts Beyond AIA Forms
Because of the complexity and investment scale of the projects above, standard AIA forms were rarely used. Instead, we crafted bespoke agreements tailored to the sophisticated financial and legal structures demanded by institutional investors, capital partners, and lenders. AIA forms are intentionally generalized to suit many projects, but many of our clients’ high-stakes industrial logistics projects require more customized terms.
Additional Project Counsel
Our work also includes a $41 million, 431,000 sq ft Class-A industrial facility project involving over 75 dock doors. We developed custom Owner-Architect and Owner-Civil Engineer Agreements tailored to complex site access requirements and roadway upgrades. In another matter, we supported tiered contracting for a 65-acre campus involving over 850,000 sq ft of space across multiple buildings. For these projects, we developed or negotiated letters of intent, short form A/E agreements, and custom owner contracts to address equity, lender, and jurisdictional concerns.
We have also advised clients on $20 million and $11 million construction projects, including those using AIA Document B143–2014, Agreement Between Design-Builder and Architect, and AIA Document A104–2017, Abbreviated Form of Agreement Between Owner and Contractor. Our role includes reviewing and tailoring these documents for alignment with institutional capital requirements.
On smaller engagements, such as a $10 million, 180,000 sq ft facility, or a $1.6 million tenant improvement project, we negotiate and tailor AIA documents and owner-contractor agreements to ensure clarity, protect investor interests, and support successful leasing or sale. We also provide general counsel support for clients involved in dispute resolution or contract strategy, including favorable mediation outcomes on claims involving loading dock defects, structural coordination, and design errors.
Trusted Counsel for Developers and Investors
Our ability to counsel both developers and institutional capital partners – from drafting project delivery strategy through final dispute resolution – has made this one of the most important and sophisticated sectors of our construction law practice.
Ready to partner with experienced counsel for your next distribution or logistics project? Contact our team today to get started.
