Representing the development arm of an integrated real estate firm with a portfolio encompassing over $5 billion in projects, we advised our client on two owner-architect agreements for significant mall redevelopments. These projects, reflecting a trend of repurposing malls into mixed-use developments with residential components, adding hundreds of luxury apartment units, along with retail spaces and restaurants, to existing shopping malls. Working closely with the client’s development team, we addressed key contractual terms, including scopes of services, compliance with applicable law, project team coordination, governmental and community organization requirements for design and construction, and requirements for the design development, construction document, and construction administration phases of the project. We considered the use of various kinds of contract forms, matters of state law-specific customization, and ensuring the architect’s obligations remained within the protection of their professional liability insurance, substantially supplementing the contract documents to protect the interests of our client and its capital partners.
