Real Estate Development

Innovative legal solutions custom-built for real estate.

Our Expertise

Client needs are our top priority. By using a practical, business-driven approach, our Real Estate Group works with attorneys from our corporate, intellectual property, tax, bankruptcy, litigation, labor, and environmental sections to ensure that our clients are fully served. Our goal is to deliver meaningful, creative, comprehensive, and efficient legal services to each of our clients.

Our clients include some of the oldest and most-established businesses in Hawai‘i, in addition to more recent developers with real estate interests throughout the Pacific.

The following is a representative sampling of our real estate work:

  • Development and Planning - Structuring and forming development entities. Coordinating and implementing financing, tax, and risk reduction strategies. Coordinating development entitlements. Counseling regarding on-project permits, zoning requirements, and development approvals. Devising and implementing marketing, leasing and exit strategies.
  • Documentation - Negotiating and drafting all forms of development documentation, including options, development agreements, brokerage and escrow arrangements, leases, easements, and access rights and licenses. Reviewing and negotiating loan commitments and documents. Preparing sales documents, condominium documents, reciprocal easements, cost allocation agreements, subdivision restrictions, and protective covenants. Negotiating and drafting design, construction, design-build, and EPC contracts and project management agreements.
  • Regulatory Requirements - Analyzing, preparing, and coordinating land sale offering registrations and exemptions.
  • Conveyancing – Handling all conveyancing and leasing issues.
  • Financing – Negotiating, documenting, and implementing all types of commercial and development financing arrangements, including conventional mortgage loans, securitized loans, sale leasebacks, and equity arrangements.
  • Transactions (Acquisitions and Sales) - Representing clients acquiring, selling, exchanging or disposing of all real estate, including agricultural lands, hotels and resorts, golf courses, commercial buildings, retail spaces, residential developments and individual residences.
  • Tax Planning - Rendering advice on consequences and strategies related to real estate transactions and all types of tax-deferred exchanges under Internal Revenue Code Section 1031, including reverse and build-to-suit exchanges.
  • Litigation - Representing clients pursuing or defending claims involving construction contracts, alleged construction or design defects, foreclosure and complex real estate litigation, landlord/tenant matters, summary possession, real estate property tax and assessments, condemnations (including proceedings under the Hawai‘i Land Reform Act), and lease/rent negotiations and arbitrations.
  • Leasing - Representing landlords and tenants in negotiation and documentation of all commercial and residential leases, and lease/rent renegotiations.
  • Land Title – Handling all title matters, including adverse possession and quiet title actions.

Representative developments include: Koa Ridge, Kohanaiki Shores, Kukuiʽula Development, Kapolei Commons, Kona Commons, Lanai Resorts, Moanalua Shopping Center, Mauna Lani, Mililani Town, Waikoloa Beach Resort, The Wailea Beach Hotel, Guam Premium Outlets, The Hyatt Regency Kauai, Sheraton Waikiki, Royal Hawaiian Hotel, Moana Surfrider Hotel, Princess Kaiulani Hotel, and Sheraton Maui Hotel.