WOODWARD CASS PC

Corporate Counsel

Growing companies often have many diverse business law needs, but are not large enough to justify a fulltime in-house attorney.  Those companies need assistance with general contracts like nondisclosure agreements, license agreements, vendor agreements and consulting contracts, as well as employment issues (e.g. handbooks, contracts and general advising).  Sometimes, these needs also include, unfortunately, litigation.  To meet this need, we act as a corporate counsel to many small and midsized companies throughout New England.

Commercial Leasing and Real Estate

We represent owners, landlords and tenants in all areas of commercial real estate.  Our practice has a diverse range of clients from property management companies, biotech  and laboratory companies, publicly-traded pharmaceutical companies, food trucks, restaurants and retail stores.  At the beginning of each deal, we assist our clients in conducting the necessary due diligence about the property (whether it is a purchase or lease), the parties involved and the potential use of the space. Once the preliminary due diligence is complete, we prepare and negotiate letters of intent and specific commercial lease provisions tailored to meet the needs of the particular client and property.

Unfortunately, even with the best commercial lease, litigation is necessary. While many traditional “transactional” lawyers have only an academic understanding of the potential pitfalls in litigation, as both litigation and transactional attorneys, we understand the critical details involved in each transaction and those details that are vital to successfully litigating our clients’ claims.

Construction Contracts

Our attorneys assist clients with a variety of construction issues involving private and public construction contracts at all stages of the process, from initial negotiations through post-construction litigation. We have represented the owners of major building projects, landlords, general contractors, construction managers, subcontractors and suppliers. These contracts often involve “standard” AIA contracts, but also include client and industry-specific agreements.  Although there are similarities across many projects, no two projects are the same.  Therefore we encourage all clients to review, and re-review, their existing contracts for each project.

Property Management

We represent property management companies with portfolios ranging from just a small number of units to thousands of units nationwide. As such, our attorneys have experience in the legal pitfalls associated with property management, as well as how property management companies functionally operate across a national portfolio.

Our property management practice is best divided into three categories:  preliminary planning, general ongoing advice and litigation. At the preliminary planning stage, we assist our property management clients in the due diligence process prior to acquiring a property or portfolio.  This often includes negotiating financing terms with lenders and/or investors. Once a framework exists, we prepare and negotiate letters of intent/term sheets, offers-to-purchase and purchase agreements. For clients with existing rental units, we assist in the creation of systems and processes for reviewing prospective tenants, draft leases and other leasing documents and provide guidance to navigate the onerous eviction process.  Litigation for property management companies can be both complex and expensive.  As attorneys for landlords of all sizes, we represent clients on various management issues including eviction assessments, the handling of security deposits, standardizing effective complaint and repair systems, setting up reliable record-keeping and evidence assembly procedures (in the event a case must be brought or defended in court), and eviction actions. Massachusetts has complicated laws regarding tenants’ security deposits, and failure to adhere to those laws can lead to stiff penalties for landlords. Further, the eviction process has very strict deadlines and procedural requirements that are necessary to follow in order to ensure an efficient eviction, such as delivering the proper notice-to-quit in order to formally start the eviction process.  A simple, innocent mistake, can lead to disastrous consequences.