We advise on commercial real estate acquisitions, including joint ventures. We conduct legal due diligence for investors. We assist owners with preparation of the sales process, including in particular setting up the data room.
We support Clients in the commercialization of office, retail and warehouse real estate.
We advise on matters related to the ongoing management of real estate, in particular in relations with tenants. We handle litigation and debt recovery matters.
In order to facilitate quick decision making and risk management, we propose and assist Clients in developing internal processes and documentation standards. We help systematize and consolidate legal actions taken by the Client in relations with internal and external business partners.
Why us?
- Primarily
The manner in which transactions on the commercial real estate market are conducted and documented has been largely standardized. Nevertheless, we note that contract negotiations and accompanying processes (e.g. due diligence) often take up a disproportionate amount of time. This is usually due to not implementing a good project management process. Errors typically arise from a lack of proper communication and a failure to document important findings.
Our priority, therefore, before we start work is to implement appropriate procedures of work organization ‒ both within our Firm and for the purpose of cooperation with the Client ‒ and to regularly check and adjust actions based on these procedures. We take particular care to ensure that the Client has quick access at all times to information on the course of legal negotiations. - Secondly
We see that different Clients take different angles on how to assess and manage risk, which are seldom updated. These differences in approach often have a significant impact on the cost of legal services.
This is why we put an emphasis on getting to know and understand the special requirements and conditions of the Client’s organization and management before we start work, indeed while we’re still at the stage of agreeing rules of cooperation. - Thirdly
We observe that in many cases legal advisors take control over the negotiation process, but rarely take responsibility for the outcome of their decisions. We act differently.
Experience
In the area of M&A and JV transactions, Anna Tomowicz, who leads the Firm’s Real Estate Team, has represented major real estate investors, including REEF, GLL Accession Fund, AEW, Heitman, ING REIM, Carpathian Asset Management, PZU Asset Management, Arka Fund and Polonia Property Fund. She has advised, among others, on the acquisition of the RONDO office building, the Empark office complex and the Promenada shopping mall.
In the field of leasing and tenant management, we boast experience resulting from, among others:
- working on the inside for Atrium Poland Real Estate, which manages the largest portfolio of shopping malls in Poland; Anna Tomowicz, heading the Real Estate Team in the Firm, for 5 years as the director of the legal department of Atrium not only managed the work of internal and external lawyers responsible for signing lease contracts, but also personally conducted negotiations with key tenants, such as Carrefour, Auchan, Real, TK Max, including in connection with the reconstruction and extension of malls; during the pandemic period the Firm supported Atrium in talks with tenants caused by COVID-19;
- creation and management of the asset management team ‒ Anna Tomowicz as a partner of Salans (now Dentons) built and managed an international team of lawyers developing best practices in concluding and executing lease agreements and providing day-to-day services in the commercialization of retail facilities;
- advising institutional Clients on commercial leases on the office market (M&A Capital, Bluehouse Capital) and retail market (Atrium, AEW);
- organization of debt collection process for an investor on the office market;
- organization of the conclusion of operating agreements for a large real estate portfolio after a change of ownership (Tesco);
- risk management in long-term and complex major construction contracts, including not only the construction and development of retail and office properties, but also infrastructure projects such as road, bridge and tunnel construction, which are decidedly more demanding in terms of coordination and work organization;
- handling various disputes with tenants, including in connection with restructuring and bankruptcy.
