Cole Schotz P.C.


Development - Zoning and Land Use


With careful planning and thorough due diligence, we assist clients in navigating the complex issues and varied risks involved in such developments, and strive to guide each project smoothly to its conclusion.

We negotiate and draft construction contracts with general contractors and subcontractors, and understand how to protect our clients from unexpected costs, lien claims and other potential problems.

New construction development deals often can yield some unpleasant surprises, such as discovering buried fuel tanks or hazardous materials on a property, poor soil conditions requiring the installation of piles or the presence of utility lines within a proposed building pad. It is our goal to offer creative solutions to mitigate these circumstances whenever possible.  To that end we perform extensive due diligence, bringing in outside consultants when necessary and overseeing rigorous testing to ensure that any potential problems are brought to light.

Resolving environmental issues is an integral and often costly part of the due diligence process. Our environmental legal team has the experience to find solutions to the complex problems that can arise, and to expedite the process if negotiations stall due to environmental concerns. We are well versed in dealing with all governmental agencies, and have a firm grasp of environmental insurance and its value in closing development deals.

Land Use
We are experienced in guiding clients through the entire land use approval process, including site plan approval, subdivision approval, building and sign permits, soil erosion permits and variances at all governmental levels. We understand what is possible, what is not and how to finalize the approvals.

Government Incentive Programs
We assist our clients in identifying and taking advantage of the various incentive programs offered periodically by federal, state and local government for which their particular transaction may qualify, including reimbursement of environmental clean-up costs and real estate tax credit programs.

Due to the many disciplines involved in developing a retail, commercial or industrial property, we often create a diverse development team to guide our clients through the process and oversee the transaction from inception to completion. We have the resources to work collaboratively with our clients to retain competent experts in all related areas, including environmental testing, geotechnical engineering, insurance (including title, environmental and liability insurance), surveying and architecture. 


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