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20th Annual Commercial Real Estate Institute

 
Author(s): Richard C. Mallory, Elliot L. Hurwitz, Josh M. Leavitt
Practice Area: Real Estate
Published: Oct 2018
ISBN: 9781402432446
PLI Item #: 219515
CHB Spine #: N666, N667

Josh Leavitt advises his clients on a broad range of construction law matters, including disputes, contracts, and counseling on industry risk. Chair of the Much Shelist Construction Law practice, he has more than 30 years of construction law experience and is an elected Fellow of the American College of Construction Lawyers and Past President of the Society of Illinois Construction Attorneys..

Josh has significant knowledge of the construction industry and represents several worldwide leaders in the construction space, as well as middle-market companies. He has handled all manner of construction law matters for both domestic and foreign clients across the full spectrum of industry participants, including owners, contractors, architects, engineers, suppliers, manufacturers, developers and commercial landlords and tenants. He has handled matters involving dozens of building systems and technologies, on a variety of building and project types.

On the disputes side, Josh has handled defective design and construction, scheduling, delay, disruption, interference, efficiency loss, out of sequence work, cost overrun, mechanics lien, wrongful termination, extra work, change order, fraud, lending, insurance coverage, bonding, green building/sustainability, commercial lease and other disputes. Josh is a frequent user of alternative dispute resolution techniques, including creative forms of mediation and arbitration. He has presented and cross-examined numerous expert witnesses, including structural, mechanical, soil, instrumentation, control system, process and chemical engineers; material scientists; roofing, HVAC, and other building system consultants; standard of care, estimating, scheduling and damages experts; and numerous design professionals and builders.

On the transaction side, Josh counsels clients on delivery system selection, contract negotiation and risk management. Josh has drafted, negotiated and/or advised clients regarding a wide range of construction, design and EPC project agreements. Josh also advises clients on contractor and A/E licensing matters. Josh is often called upon to identify and mitigate risk in connection with M&A transactions in the construction and engineering sectors.

Josh holds a B.A. in Economics from Yale University and a J.D. from New York University School of Law.


Richard (Rick) C. Mallory is a founding partner of the law firm Allen Matkins and is resident in the San Francisco and Downtown Los Angeles offices.  He focuses his practice on office, industrial and retail leasing. He represents landlords and tenants in a broad range of leasing issues, including straight leases, lease-equity, lease takeover transactions, and telecommunications transactions. Rick's practice also includes broker listing, registration agreements, and contract negotiations with architects, engineers, construction companies, designers, and parking and property management firms. With respect to tenant matters, Rick brings particularly extensive experience in lease negotiations and transactions, including renewals, takeovers, pass-throughs, subleasing and assignment issues, sale/lease-backs, leases with purchase options, telecommunication agreements, and construction contracts for tenant improvements.

A dynamic presenter, Rick is in demand as a speaker at real estate industry seminars and conventions throughout the country, and has also published many articles on the subject of commercial leasing. In addition to his membership in the Building Owners and Managers Association, he served on the Board of Governors for the American College of Real Estate Lawyers, and the advisory boards for the Practicing Law Institute and Georgetown Law Center's Advanced Commercial Leasing Institute.  Rick is also a member of Lambda Alpha International; Urban Land Institute; CoreNet Global; and NAIOP.

Rick has been listed in The Best Lawyers in America since 1989 as a leading California real estate attorney according to a survey of his peers.  He has also been recognized by Chambers & Partners USA each year from 1999-2015.  Rick has been listed in either Northern California or Southern California Super Lawyers each year since 2004 including in 2006 and 2009-2012 when he was listed as one of the Top 100 attorneys in Northern California. In 2010 Rick was honored with the Good Scout Award by the San Francisco Bay Area Council of the Boy Scouts of America.

Rick received his B.S. from the University of Southern California in 1966 and his J.D. from Stanford University in 1969.


Elliot L. Hurwitz is Chief Commercial Counsel for Chicago Title Insurance Company, New York, NY, where he has primary responsibility for complex commercial transactions in New York City, including structuring, underwriting and coordination. Prior to joining Chicago Title, Mr. Hurwitz was a partner at Weil, Gotshal & Manges, LLP, New York, NY. Mr. Hurwitz has had extensive experience in all aspects of commercial real estate, with a particular emphasis on mortgage loan originations, portfolio acquisitions, debt restructurings, sale-leasebacks, lease-backed financings, loan syndications and securitizations. Mr. Hurwitz is a frequent lecturer and author on real estate-related matters, including “Real Estate for the Corporate Counsellor”, published in the fourth edition of The Corporate Counsellor’s Desk Book (Prentice Hall Law & Business 1992). Contributor to the New York Law Journal, Commercial Leasing Law & Strategy, Shopping Center Legal Update and the Metropolitan Corporate Counsel. Chairman of PLI’s annual 2-day seminar for real estate attorneys, titled “The Commercial Real Estate Institute”. Mr. Hurwitz is a Fellow of the American College of Real Estate Lawyers. Member of the New York State Bar Association, Association of the Bar of the City of New York and Title Insurance Rate Service Association (TIRSA) – Law and Forms Committee. Mr. Hurwitz may be contacted at 212-880-1205 or hurwitze@ctt.com.