Construction and Development
The Tahmidur Remura Dewey LeBoeuf Construction Team has extensive experience in advising governmental and institutional owners on the design and construction of landmark buildings. We draft and negotiate design, engineering, master planning, project management, and construction agreements for world-class facilities – with many of the worlds’ premier architects and construction firms. We have over 25 years of experience in all aspects of construction –selection/bidding of design and construction firms, drafting and negotiation of agreements, contract administration, construction trouble-shooting, negotiation of close-out agreements on completion, and post-completion enforcement of contract rights. We also advise on (a) public contracting issues; (b) construction insurance including project wrap-up, CCIP and OCIP structures; and (c) surety bonding. Structuring proper agreements and pre-construction legal advice are key to successful projects. We work with our clients to avoid ‘budget busts’, maximize pre-construction coordination between design and construction teams: (a) design development; (b) constructability analysis; (c) cost estimating; (d) value engineering; (e) scheduling; (f) ‘green’ criteria; (g) project site due diligence, assist project owners to structure itself for timely decision-making – and organize procedures for decision-making by consultants and contractors and work to minimize construction-period surprises.
Representative Projects
Samuel B. and David Rose Building, Lincoln Center – Planning, design, and construction of 800,000 square foot landmark tower.
Jazz at Lincoln Center –Development and construction of its 175,000 sq. ft. new home – Frederick P. Rose Hall – in the $2 billion city-size project in Time Warner Center Condominium, one of the most complex mixed-use condominiums developed in the United States.
New Academic Building, The Cooper Union for the Advancement of Science and Art – Design and construction of landmark new Academic Building in Cooper Square, New York.
Mount Sinai Center for Science and Medicine – a state-of-the-art medical science, research and clinical facility.
New York Public Library – Renovation/Reconstruction of Bryant Park, New York; Science, Industry & Business Library; South Court Project; Current proposed major renovation of Stephen J. Schwartzman Center for Humanities.
Redevelopment of the World Trade Center, New York – Since shortly after 9/11, we have represented Lower Manhattan Development Corporation (LMDC), the government agency planning the redevelopment of the World Trade Center area. We advise on land use, design and construction, transactional real estate, and federal and state environmental and historic preservation review. This is one of the largest construction projects in the United States.
Amtrak – Redevelopment of Penn Station – Proposed multi-billion dollar redevelopment of New York Penn Station, busiest rail hub in the Western Hemisphere.
Rose Center for Earth and Space – redesign and reconstruction of the Hayden Planetarium, and repair and revitalization of the American Museum of Natural History’s entire north side.
Lincoln Center for the Performing Arts, Inc. – $1.5 billion redevelopment of Lincoln Center campus.
Seventh Avenue Armory (Park Avenue, New York) – $200 million renovation of historic facility.
Brooklyn Public Library – proposed Visual & Performing Arts Library.
Representation of the owner of properties in Almaty and Astana, Kazakhstan, in the negotiation with Accor Group of contracts relating to the construction and management of hotels and associated licensing of the Novotel trademark.
Four Seasons Project, Kazakhstan – Advised on the construction aspects of a hotel and villa project in Almaty for a large local investment group in Kazakhstan. The project is a luxury compound with a hotel and villas in a prestigious location in Almaty. Completion is targeted to coincide with the 2011 Asian Winter Games to be hosted in Almaty, following a tight 45 month construction program. Our involvement includes advising in relation to the Project Management Agreement (PMA) between APD and a Korean firm. The PMA was based on the FIDIC White Book with the governing law as Kazakh law. We have also drafted the turnkey construction contract, based on FIDIC Silver Book.
Represented institutions in negotiating agreements with many world-famous architects, among them Frank Gehry, Morphosis, Rafael Vinoly, Enrique Norten, Davis Brody Bond, Snohetta, Polshek Partnership, cooper Robertson & Partners, Beyer Blinder Bell, Butler Rogers Baskett and Hardy Holzman Pfeiffer.
Negotiated contracts with many of the largest US construction companies, among them: Turner Construction Company, Tishman Construction Corporation of New York, Bovis Lend Lease, F.J. Sciame Construction Company, Inc., Suffolk Construction Company and Gilbane Building Company.
Advised a major US corporation on the acquisition of development rights, compliance with land use and zoning requirements, construction permits and licenses, and negotiated a land lease agreement in connection with construction of a manufacturing facility in the Moscow region of Russia.
Represented the developer of a major project in Qatari Diar’s Lusail Entertainment District, Qatar (approximately 1 million square meters).
Acted for several of Qatar’s largest real estate development companies, including Qatari Diar and United Development Company, on projects both inside and outside of Qatar.
Represented a leading UAE-based real estate developer on two very large real estate developments in Saudi Arabia, including conducting full legal due diligence on legal issues relating to real estate developments in Saudi Arabia including rules on foreign investments, land acquisition, expropriation issues, buildings laws, tenancy and leasing rules, environmental regime, corporate and commercial issues, labor issues and insurance requirements.
Advised a regional quasi-governmental real estate company on the establishment of a DIFC holding company for its international real estate projects in relation to the restructuring of the assets and raising more than $700 million in new capital, and a subsequent joint venture with a leading GCC real estate company for the master planning and urban development of an area of waterfront in the UAE in conjunction with the government of an Emirate of the UAE.
Advised a listed UAE property developer on compliance with the UAE’s “green” policies regulating construction and development in the UAE.
Represented a listed UAE property developer in the acquisition of land in Texas, setting up a SPV to conduct business in the United States and in the development of multi-use towers on the land.
Retained by a listed UAE property developer to advise on all developments and projects outside of the UAE. Advised on projects in a number of GCC countries.
A Ras Al Khaimah construction company – Prepared a suite of precedent construction contracts and provided general construction-related advice in connection with various matters.
Represented a consortium relating to a project to revitalize the Jeddah town center in Saudi Arabia, including assisting the client in drafting and negotiating legal contractual documents with the other partners and the contractor.
Advising Herzog & de Meuron in relation to the “Transforming Tate Modern” project by which the Tate Modern museum in London is being expanded by the addition of an iconic new building.
Acted as counsel for one of the largest US engineering and project management companies in a series of arbitrations against a UK government entity arising from a major communications and infrastructure project in the UK worth over £1 billion.
Represented a major Japanese company in a series of disputes arising out of a natural disaster that severely damaged a power plant in South America.
Represented a large European contractor in a major arbitration arising from an infrastructure development contract in Uganda.
Advised a major national petroleum corporation in defending a multi-million dollar delay and disruption claim arising out of the construction of a large pipeline and depot complex in Nigeria.
Represented a major US construction company in a high value arbitration concerning the construction of an oil terminal in the Baltic States.
Provided advice to French contractors in connection with disputes stemming from road projects in Kenya and in Libya and a major railway project in Nigeria.
Acted for the Ethiopian Roads Authority, defending claims in an ICC arbitration relating to a road project in Ethiopia.
Represented a client in a substantial dispute in relation to a high profile retail/leisure complex in the Gulf.
Advised the City of St. Petersburg on the Pulkovo Airport Expansion project by means of a Public Private Partnership, one of the first PPP projects in Russia. Pulkovo is St. Petersburg’s main airport and the third largest in Russia. The PPP scheme will see the upgrade and expansion of the airport’s infrastructure to boost forecasted capacity requirements, increasing passenger volumes and air traffic growth over the next 25-30 years, including a new passenger terminal, which will generate over $1 billion for the city of St. Petersburg.
Advised the Government of Hungary (Ministry of Transport, Communication and Water Management) in connection with the proposed development, financing, construction, operation and maintenance of the M-3/M-30 tollway running from Budapest to the Ukrainian Frontier. The project was structured as a concession to a consortium of builders and operators. As part of this project, we worked closely with a multilateral financial institution in developing a unique public/private joint venture structure for use in toll motorway projects in Central and Eastern Europe.
Advised the Republic of Croatia on the refinancing of the first phase of the Istrian toll motorway and the financing of the construction, operation and maintenance of the second phase of the motorway under a concession granted to BINA-ISTRA d.d. Pula, a company majority-owned and controlled by leading French contractor, Bouygues Travaux Publics. This was the first project bond for a Central and Eastern European transaction. It was also the first dual-listed bond for Croatia. This transaction was designated in 2004 by Project Finance magazine as “Deal of the Year – Europe, Middle East and Africa”.
Advised PWC Logistics of Kuwait in relation to the redevelopment of a cargo terminal at Aqaba Airport, Jordan.
Advised Atomstroyexport (ASE) (parent Gazprombank), as EPC contractor for the Belene Nuclear Power Plant in Bulgaria comprising 2 x 1000MW reactors. The site contains equipment and structures relating to a previous nuclear power plant on which construction was suspended in 1990. The project is to cost up to 4 billion euros.
Advised a bidder in relation to the development of two power projects in South Africa, including advising on the selection of the construction contractor and the construction contracts.
Advised the sponsors on the first IPP to be project financed in Nigeria, including drafting and negotiating construction contracts for the power station, transmission lines and sub-stations.
Advised CSFB and the Bulgarian Privatisation Authority in relation to the privatization of three power stations in Bulgaria, including advising (in conjunction with environmental specialists) on environmental issues.
Advised Pakistan lenders, led by ING, on all aspects of the Gul Ahmed Power Project, a 135 MW power project in Karachi, including advising on the onshore and offshore construction contracts and wrapping contract.
Negotiation of a suite of documents for BP for the remediation and sale of 14 separate sites across England, Wales and Scotland for regeneration and development including the construction of Swansea University Innovation Campus and the expansion of Baglan Bay Energy Park at the former petrochemical site.
Represented Con Edison in the sale of four New York City blocks, described by The New York Times as “the largest tract of undeveloped land remaining in Manhattan”, along the East River just south of the United Nations. We advised on all aspects of this highly structured transaction and developed a cutting-edge environmental insurance risk transfer solution, which allows an owner to benefit from the increased value of a contaminated property.
Represented NM Rothchild in the prestigious redevelopment of its headquarters building in the heart of the City of London. We advised on the construction agreements and financing, including matters such as title, construction issues, professional appointments, zoning/planning and heritage issues, negotiations with neighbours, rights of light and all other general development issues.
Represented the owner of a office building in New York City in the historically sensitive renovation of the building, which resulted in the listing of the building on the National Register of Historic Places. This project included a complete renovation of all interiors and building systems and restoration of the façade.
Represented the developer of a hotel in Almaty, Kazakhstan in the negotiation of construction consulting agreements with a major international hotel operator, relating to the construction, interior fit-out and furnishing of the hotel.
Represented the owner of a historic loft building in New York City in the conversion of the building to luxury condominiums. We negotiated the architect and construction contracts and worked with the client’s consultants to obtain the necessary approvals from the New York City Landmarks Preservation Commission to add a floor to the building and restore the cast iron façade.
Represented the Art Students League in the renovation of its landmark building in New York City.
Represented the Asia Society in connection with the expansion and renovation of the Asia Society building on Park Avenue in New York City.
Represented the Ethical Culture Fieldston School regarding the renovation and expansion of its Riverdale, New York campus.
Represented Asphalt Green, Inc. in connection with many major projects, including the renovation of its aquatic center and the renovation of its main building in New York City.
Advised Dance Theater Workshop with respect to its new performance facility, which was constructed in the first two stories of mixed-use condominium.
Represented the New York Shakespeare Festival in the renovation of Delacorte Theater in Central Park in New York City.
Represented the Bethel Performing Arts Center in connection with the design, development, and construction of a large-scale performing arts facility on the site of the original Woodstock Festival.
Represented EBRD in relation to the design, procurement and construction documentation for the development of a hotel at Nevsky 49, St Petersburg.
Represented the project company in the negotiation of a design contract for a petro-chemical refinery and power plant complex in Thailand.