Land Use

Mirick O’Connell’s transactional real estate practice encompasses all real estate sectors and includes the representation of individuals, businesses, institutions and public entities in the acquisition, financing, disposition and management of real estate assets.  We also represent landlords and tenants in the negotiation and drafting of leases and subleases for office, retail, industrial, biomedical and R&D space.

Our attorneys assist clients in the planning and permitting of real estate projects from single-family homes to manufacturing facilities.  We understand the political framework in which all real estate development projects exist and have the experience, contacts and judgment required to shepherd a project to fruition and profitability.  We also have extensive experience with the redevelopment of former manufacturing properties and the conversion of existing structures into residential and commercial condominiums.

Today, every real estate development project is subject to some degree of environmental scrutiny.  We have the expertise to navigate the world of overlapping and multi-jurisdictional environmental permitting requirements.  Once a project has been permitted, we also have the skills and knowledge to draft and negotiate the construction documents needed to complete the project in a cost-effective and timely manner.  Our construction experience includes green building design and renewable energy projects.

Practice Chair

Todd K. Helwig

Todd K. Helwig
Partner

Arthur P. Bergeron

Arthur P. Bergeron
Of Counsel

Peter J. Dawson

Peter J. Dawson
Partner

Brian R. Falk

Brian R. Falk
Of Counsel

Spencer B. Holland

Spencer B. Holland
Associate

David K. McCay

David K. McCay
Partner

John A. Shea

John A. Shea
Partner

Brian Falk quoted in Telegram, "Central Mass. draws interest as hub of marijuana business"

[ read full story ]

Representative Matters

  • Represented a school system in connection with a $35 million acquisition, financing and ground lease transaction for the district’s elementary and middle schools and for the construction of a new high school 
  • Represented a developer in connection with the acquisition, financing and construction of a continuing care retirement project
  • Represented a limited liability company in connection with the acquisition of a nursing home facility in Worcester
  • Represented a manufacturing company in connection with the acquisition and financing of a new manufacturing facility 
  • Represented a developer in obtaining zoning and state relief for the redevelopment of a 1 million square-foot mill building
  • Represented several developers in large multi-building commercial office park projects
  • Represented a local college in the permitting of a new student residence hall and parking garage 

Building on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That May Simplify the Permitting Process

For the last forty-five (45) years, obtaining a permit to build any type of structure on any former railroad right-of-way in the Commonwealth of Massachusetts has been far from seamless. Massachusetts General Law c.40 §54A, enacted by the legislature in …

[ load webpage to read more ]

MassDEP Working on a Drinking Water MCL for PFAS

Several weeks ago, I posted that the Massachusetts Department of Environmental Protection (MassDEP) proposed a new groundwater standard for PFAS contamination under the Massachusetts Contingency Plan regulations (310 CMR 40.0000).  Public comment on the proposed regulations remains open through July …

[ load webpage to read more ]

Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise

When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, …

[ load webpage to read more ]

BREAKING: MassDEP Announces Proposed Revisions to the Massachusetts Contingency Plan, Including a Reportable Concentration for PFAS at 20 ppt

The Massachusetts Department of Environmental Protection (MassDEP) announced proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000).  This begins a 3-month public comment period that will end July 19, 2019, and will include four public hearings. According to MassDEP, …

[ load webpage to read more ]

EPA Issues Interpretive Statement: Groundwater Discharges are Not Subject to the Clean Water Act

In a not-so-stunning development, the EPA on Monday issued an Interpretive Statement putting to rest speculation on EPA’s position as to whether groundwater discharges are subject to federal jurisdiction under the Clean Water Act (CWA).  The answer:  “No.”  EPA’s 57-page …

[ load webpage to read more ]

Third Party Beneficiary Rights in Construction Contracts

Last week the United States District Court in Massachusetts issued an important decision concerning third party beneficiary rights in construction contracts.  In Arco Ingenieros, S.A. de C.V. v. CDM International Inc., Civil Action No. 18-12348-PBS, a design-builder incurred damages due …

[ load webpage to read more ]

Title Defect? Here’s How to Keep Your Deal on Track

You are under contract to sell a commercial or residential property and your attorney tells you two weeks prior to closing that the buyer’s title search has revealed a title defect. While there is a large array of issues that …

[ load webpage to read more ]

Short-Term Rental Law Takes Effect July 1st

Governor Baker recently signed “An Act Regulating and Insuring Short-Term Rentals”, imposing new taxes, registration and inspection requirements, and other rules governing the short-term rental of homes and residential units through Airbnb, VRBO, and similar platforms. Overview: The new law …

[ load webpage to read more ]

Recovery of Attorney’s Fees and Costs in Construction Disputes

When construction projects become construction disputes, contractors and suppliers start thinking about how to recover their attorney’s fees and other legal costs.  Massachusetts follows the “American Rule” for recovery of legal expenses that states each party must pay their own …

[ load webpage to read more ]

Construction Insurance: Game of Risk

Construction work is risky by nature.  Common risks include natural disasters, inclement weather, flood or fire, accidents t hat cause property damage or bodily injury, and the failure of one or more parties to perform their designated responsibilities, resulting in …

[ load webpage to read more ]

A Landfill Is Not a “Point Source” Under the Clean Water Act, So Says the 4th Circuit and D.Mass.

Two recent rulings address the issue of whether a landfill is a “point source” under the Clean Water Act, 33 U.S.C. § 1251 et seq. (CWA), Sierra Club v. Virginia Electric et al and Toxics Action Center et al v. …

[ load webpage to read more ]

The New Massachusetts Clean Energy Bill: Solar Advocates Left Waiting for the Next Installment

On July 31, 2018, the final day of its formal session, the Massachusetts legislature passed H. 4857, An Act to Advance Clean Energy, which Governor Baker signed into law on August 9. The bill represents several important steps forward in …

[ load webpage to read more ]
 

Our Practices