Homebuilders

Homebuilders are constantly faced with fluctuations in land inventories, lending rates, materials availability, and consumer demand. Furthermore, the impact of events such as COVID-19 and other force majeure events, interest rate fluctuations, supply and labor shortages and other factors continue to impact the industry. Lenders and borrowers alike are looking for more creativity in finance structuring. Higher prices and supply chain shortages have created an interest in updated contract clauses, and different regions of the United States are seeing booms in development. Dispute resolution and litigation remain important possibilities and realities for many companies. An experienced attorney team can help ensure that homebuilders are carefully identifying their objectives and following a strategy to effectively meet those goals.

Snell & Wilmer’s homebuilders industry group is comprised of attorneys from individual practice areas including corporate and securities, construction, real estate, commercial finance, and litigation. Each attorney shares the common goal of providing the highest-quality legal services to clients in the most consistent, efficient, and cost-effective manner.

We represent homebuilders through the complexities of all stages of acquiring and developing real property. Whether a homebuilder is seeking guidance on financing, regulatory requirements, or dispute resolution, our team is well-equipped to handle the unique legal and business needs of homebuilders. From single-family home developments to the commercial development of subdivisions, we have experience leading a variety of projects throughout the United States and in Mexico.

Real Estate

Our real estate attorneys provide counseling to all the players in the homebuilding space – homebuilders, land developers, land-banking entities, and build-for-rent companies, as well as contractors and suppliers. We are typically involved throughout the development process, including land acquisition and disposition, subdivision, zoning and entitlement work, annexation, land development, home construction and retail home sales. Our services include drafting purchase and sale agreements, joint development agreements, community CCRs and all other transaction documents in connection with any land or homebuilding transaction.  Our attorneys are also called upon to advise on sales and property tax issues, market terms and customs and provide guidance on licensing and other regulatory matters.

Corporate and Securities

Our corporate attorneys help homebuilder clients navigate regulatory and compliance requirements for public reporting throughout the United States. We assist with SEC reporting requirements, revolving credit facilities, capital markets, and stock/bond offerings. Our team can also assist with mergers and acquisitions; option agreements and dual beneficiary trust agreements to assist homebuilders with the sale of parcels and improved lots; entity selection issues; build to-rent facilities; and joint ventures with national homebuilders.

Construction

Our construction attorneys represent homebuilders, suppliers, and developers in litigation involving issues such as payment disputes, mechanics liens, licensing disputes, site condition issues, and terminations. Our team can also negotiate and develop a broad range of transactional documents such as engineering criteria, performance specifications, scheduling requirements, preconstruction services administration, construction management through to final completion, project startup, testing and commissioning and close out.

Commercial Finance

Our finance attorneys represent homebuilders with various financing transactions, including acquisition and development loans and large secured and unsecured lines of credit. We also assist with financing arrangements with land bankers, master lenders and other financial entities.

• Represented American Homes  4 Rent in connection with various build-for-rent projects and opportunities throughout the southwestern United States
• Represented publicly traded national homebuilder in connection with various build-for-rent projects and opportunities
• Represented master developer in connection with approximately $45M sale of finished lots to multiple national and regional homebuilders
• Represented builder in connection with its acquisition of approximately 200 lots for build-to-rent community
• Represented developer in connection with its development and sale of a 700+ lot subdivision to multiple regional and national homebuilders
• Represented developer in connection with its development and sale of an approximately 400 lot subdivision to multiple regional and national homebuilders
• Represented developer in connection with its entitlement, development and sale of an approximately 150-acre master planned residential subdivision in Arizona and sales to multiple regional and national homebuilders
• Represented developer in connection with its development and sale of 150+ lot subdivision to national homebuilder
• Represented developer in connection with its entitlement and development of a residential subdivision and $30+ million sale to publicly traded company
• Represented national homebuilder in connection with its development of CCRs and related homeowner association documents and policies for dozens of subdivisions
• Represented homebuilder in connection with its development and sale of custom homes in DC Ranch
• Represented numerous national and regional homebuilders in connection with various complex regulatory and compliance matters
• Represented public and private homebuilders in the acquisition and development of master-planned communities and residential subdivisions throughout the Western United States, including Arizona, Nevada, California, Colorado, New Mexico, Utah, and Washington
• Represented some of the nation’s largest active-adult homebuilders in the acquisition, development and operation of various age-restricted communities located in Arizona, Nevada, Colorado, Washington, and Florida
• Represented public homebuilder in complex joint venture with two other large homebuilders to acquire and develop 600+acre master-planned community located in Las Vegas, Nevada
• Represented homebuilders in land bank transactions throughout the United States, including Arizona, Nevada, California, Colorado, and Georgia
• Represented homebuilders in creating and operating homeowner’s associations throughout the Western United States, including Arizona, Nevada, California, New Mexico, and Washington
• Represented developers in acquiring, developing and operating residential and mixed-use condominiums throughout the Western United States, including Arizona, Nevada, and California
• Represented developers in the acquisition, development and operation of apartment and townhome projects throughout the U.S., including Arizona and Nevada
• Represented homebuilders and developers in the development, operation and sale of golf courses and other recreational and social amenities throughout the U.S., including Arizona, Nevada, California, Washington, and Florida
• Represented homebuilder in restructuring nine-figures of senior debt and eight-figures of unsecured subordinated debt