Glenn Terry Sherman

Glenn T. Sherman has been involved in transactions throughout the United States, including Arizona, California, Illinois, Missouri, Nebraska, Nevada, Oregon, Texas and Washington. Although he handles all aspects of a commercial real estate practice, Mr. Sherman has extensive experience in construction and development, purchases and sales and leasing. The various construction contracts which he has prepared and/or negotiated in the recent past has varied based upon the size of the project and the scope of the work, including (i) demolition of existing buildings and ground-up construction, both in free-standing properties as well as within an operating shopping center; (ii) remodeling and expansion of existing buildings; (iii) leasehold improvements within existing buildings; (iv) small projects (such as construction and installation of fountains and other common area upgrades and improvements). 

The forms of construction contracts include:

• AIA Form A101-2007 Construction Agreement and AIA Form A201-2007 General Conditions;
• AIA Form A107-2007 (for Projects of Limited Scope);
• Manuscript construction contracts for mid-sized construction projects; and
• Manuscript contracts for smaller sized construction projects.

The contracts have been primarily based on a fixed fee price structure, but we have also done cost-plus with a guaranteed maximum.  The AIA forms have been substantially revised from the standard form and include an addendum supplementing the AIA forms.  Because contractors are oftentimes more comfortable using the standardized AIA forms, even though they are significantly revised, we have generally opted to use those forms.  However, on smaller projects, those forms can be unwieldy, and a simpler manuscript form has been desired by some of our clients.  These construction projects invariably require due diligence to determine whether there are restrictions that would affect the project, such as those contained in CC&R’s, Leases, etc. (e.g., dark periods for alterations, listing adjacent owners as additional insureds, location of staging areas, where construction vehicles may be parked, where construction materials and equipment may be stored, etc.). In addition to the preparation of the construction contract, we also provide advice with respect to the process for paying contractors, subcontractors and materials suppliers, including coordination with lender construction disbursement protocols, lien waivers and releases, joint checks and the like.  When mechanic’s liens are filed, we deal with getting them released of record, whether by dealing directly with the lien claimant or the general contractor, bonding around such claims, negotiating settlement agreements and mechanic’s liens releases, etc. Our involvement in these projects also includes reviewing vendor contracts, revising terms and conditions that limit vendor liability (for example, the typical limitation of liability to the amount the vendor was paid), dealing with insurance coverages (including appropriate completed operations coverages available for owners and other additional insureds), liquidated damages for late completion, and a myriad of other customary protections on behalf of owners. 

Mr. Sherman counsels clients in the purchase and sale of office buildings, shopping centers, industrial properties and apartment buildings. In addition, he handles various residential agreements and sales as well.  As to leasing, Mr. Sherman handles everything from big box retailers to small mom & pop spaces.  He creates standard form leases for use in various projects. By representing both landlords and tenants, he has a realistic understanding of the needs of each side of the transaction and uses that to resolve sticking points during a negotiation in a way that both parties can accept.