Practice Areas

The Firm's practice focuses on the general areas of real property law, business transactions and non-profit and tax-exempt organizations. The Firm also assists its clients in handling their personal affairs.

Real Property Law has many components and except for residential matters the Firm provides services in most areas including the following:

Acquisition and Sales
The firm's principals have handled the acquisition and sale of all forms of real property ranging from vacant land to urban skyscrapers containing a million square feet plus. The Firm has developed tools for sellers to document the stream of income and general leasing operations of office buildings, industrial parks and shopping centers to facilitate prompt and successful due diligence. Similar tools have been developed for use by buyers, including extensive due diligence lists necessary to review sources of income and analyze the leasing profiles of major tenants.
Financing
The Firm handles traditional institutional financing arrangements for clients, as well as private funding, equity transactions, seller carrybacks and other financing structures.  The Firm's work in this area also includes government funding and low-income housing tax credit transactions, like-kind exchanges, tenant-in-common transactions and multiple party joint ventures.
Development
The Firm's principals have worked on a variety of real property developments including shopping centers, office buildings, industrial parks, planned unit developments, continuing care retirement communities and vertical and horizontal property regimes.  Blair was part of the team that created a new city in Northern Illinois, which is now known as Vernon Hills.  Development work includes analysis of title issues, establishing restrictive covenants, and the development of required plats and surveys. The more complex developments may require reciprocal easement agreements and other forms of joint operating arrangements. Blair has used air rights and ground leases as the method of tying together different parts of complex developments.
Construction
The firm represents architects, builders, and owners in the construction phase of real property development and negotiates contracts in all areas. The Firm works with the AIA developed forms as well as more custom documents that may be required for specific transactions.
Leasing and Operation
The principals' experience in real property and equipment leasing is extensive.  In addition to working with all forms of the commercial lease, Blair also works with long term ground leases and air rights leases. The Firm views a lease as a roadmap document that enables clients on either side of the transaction to set out a knowing allocation of risk that will govern their transaction for years to come. Blair Friederich has developed and published an extensive set of checklists and analysis tools for use in commercial leasing that permit clients to evaluate specific areas of risk and to utilize their business judgment in addressing solutions to such risks. Management and operational questions are a normal part of commercial property ownership and the Firm assists clients with third-party management agreements and a variety of frequently occurring operational issues including lease compliance. You can get more information by viewing Blair's publications page.

The Firm's business transaction practice includes entity selection, business operations and non-profit/tax-exempt organizations. The following outlines some of that practice area:

Entity Selection

A number of liability limiting entity forms are available and the firm counsels clients and works with their accountants to choose the arrangement that meets the client's tax needs while limiting the owner's liability to the extent possible.  The firm creates and works with corporations, limited liability companies, limited partnerships, general partnerships, and joint ventures. 

In its tax-exempt work, the firm has been an early developer of single-member limited liability companies whose sole member is a tax-exempt organization and which are entitled to be treated as tax-exempt organizations without the time and expense of filing the lengthy applications for tax-exempt recognition.  Such entities are routinely used to isolate the most risk prone aspect of a business plan into separate entities. Similar arrangements are used in the for-profit area.

Business Operations
The use of multiple entities can be helpful to knowingly allocate risk where appropriate.  The firm assists clients in their operation of affiliated and related entities to provide guidance on their operation as independent and separate entities. Failure to comply with applicable standards in the day-to-day operation of such entities can result in the loss of limited liability. Entity governance in all forms of limited liability structures is important to allow for smooth and consistent operations.
Non-Profit/Tax-Exempt Organizations
The Firm works with clients to establish non-profit entities under Arizona law and to seek recognition of exemption from income taxation from the Internal Revenue Service.  The Firm provides advice on an increasingly complex set of requirements adopted by the Internal Revenue Service including potential excess benefits transactions, governance procedures and policies, and general corporate transactions. 

The Firm consults with clients and their professionals, including counsel and accountants, to provide an overview of real estate development projects, entity formation and tax-exempt compliance matters and litigation support when necessary:

Business Entities
The firm evaluates business entity structures including their governance and relationships with affiliates and related parties to assist the client in developing common operating structures and to preserve and maintain the independence of each entity.
Real Estate Structures
Real estate projects can be pulled in different directions by recorded restrictions, internal core leasing agreements and institutional financing.  The firm counsels with clients and their professionals on existing and proposed structural arrangements and makes recommendations in connection therewith.
Non-Profit/Tax-Exempt Organizations
In the area of tax-exempt organizations, the firm will review the operating structure and particularly the governance requirements in terms of the most recent Internal Revenue Service pronouncements and make recommendations to the client and its professionals on achieving compliance and being prepared for audit.