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Construction Lending

Kutak Rock represents clients in connection with construction lending, including bridge financing, predevelopment loans, construction loans and permanent loans. The firm has experience in advising and representing lenders with respect to:

  • Drafting and negotiating loan and disbursement documents, including provisions addressing budget approvals, retainage, draw requests, balancing, change orders and applicable AIA agreements, affidavits and statements customarily used in the construction disbursement process.
  • Converting credit facilities from construction to permanent financing.
  • Reviewing and advising with respect to construction related contracts, including agreements with architects, general contractors and significant subcontractors and materialmen.
  • Coordinating with title insurers and escrow agents with respect to issues related to construction disbursements, title insurance coverage and lien priority and perfection issues, including mechanics’ and materialmens’ liens.
  • Advising with respect to development agreements and construction and related documentation.

We have represented lenders, developers, contractors and other participants in all aspects of real estate construction and commercial development transactions across the country. From small ventures to big box retail centers, hotels, restaurants, office buildings, sports arenas and convention centers, we understand that financing of real estate development is an interactive process and that each development is unique. Our attorneys work closely with our clients and engage in discussions at the early stages of a project to think creatively about how to tailor the parameters of the project in order to enhance its successes.