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.
Brian Falk quoted in Telegram, "Central Mass. draws interest as hub of marijuana business"[ read full story ]
- 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
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 ]
Zoning Appeal Plaintiff Must Prove Standing, Even if Defendant Town Does Not Contest Issue at Trial
On Tuesday, the Appeals Court issued its opinion in Talmo v. Zoning Board of Appeals of Framingham. Massachusetts suffers no shortage of case law on standing (the right to file suit) in zoning appeals. In this case, the issue was …[ load webpage to read more ]
(Reluctantly) Open for Business: Momentum Gathering for Expanded Use of Continuous Operations Clauses
Two recent court decisions may embolden commercial landlords to use a familiar lease provision in an unusual way when responding to tenants seeking to close their business operations before the end of the lease term. Continuous operations clauses are common …[ load webpage to read more ]
Construction Defect Claims and the Often Misunderstood Application of Express and Implied Warranties
A claim for breach of construction warranty must be filed within the time allowed by the applicable statutes of limitation or repose. Most jurisdictions, including Massachusetts, allow parties to modify that period by agreement. The agreement must be particular and …[ load webpage to read more ]
Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana
Originally posted on[ load webpage to read more ]
New 2017 AIA Documents Released – Are You Prepared?
The construction contracts created by American Institute of Architects (“AIA”) have, for several decades, been established as the industry standard for contract forms. There exist AIA forms for every imaginable project relationship and delivery method. Every ten years or so, …[ load webpage to read more ]
Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court
A recent decision from the Massachusetts Appeals Court is likely to have a substantial impact on construction contract and claims practice in the Commonwealth. The Massachusetts State College Building Authority (“MSCBA”) hired Suffolk Construction Company, Inc. (“Suffolk”) to serve as …[ load webpage to read more ]
A Modern Take on the Antiquities Act of 1906
During the waning days of his administration, President Obama used the Antiquities Act of 1906 (16 USC 431-433) (“Act”) to create expansive national monuments on land and at sea. According to the National Park Service, he established 34 national monuments …[ load webpage to read more ]
What Does It Mean To Purchase An Additional Insured Endorsement?
In the construction industry, it is standard for ‘upstream’ parties to require ‘downstream’ parties to purchase and maintain general liability insurance coverage, at varying limits, and to obtain an endorsement adding all or most ‘upstream’ parties as ‘additional insureds’ under …[ load webpage to read more ]
Update on St. John’s Holdings, LLC. v. Two Electronics, LLC
On October 24th, 2016, the Massachusetts Land Court revised its ruling in St. John’s Holdings, LLC. v. Two Electronics, LLC (2016 WL 1460477 (2016). The underlying case (the subject of a prior blog article) involved electronic communication and the Statute …[ load webpage to read more ]
Deadline for Owners of Single Wall Steel Tanks Looming
by Joseph S. Campisi, President, Corporate Environmental Advisors, Inc. The Massachusetts Department of Environmental Protection (“MassDEP”) promulgated underground storage tank (UST) regulations on January 2, 2015 that replaced the Massachusetts Department of Fire Service (“DFS”) regulations at 527 CMR 9.00. …[ load webpage to read more ]
A Turn of Events for Worcester’s Former County Courthouse
The former Worcester County Courthouse at 2 Main Street was supposed to be converted into residential housing units and retail space after the City reached an agreement in March 2015 to sell it to Brady Sullivan Properties, LLC, a New …[ load webpage to read more ]