South Florida Commercial Real Estate Development Lawyer
Developing commercial property in South Florida means working through multiple overlapping approval processes before the first shovel hits the ground. Entitlements. Zoning amendments. Platting and replatting. Environmental permits. Development orders. Our South Florida commercial real estate development lawyer represents developers, investors, landowners, and construction lenders on projects throughout Broward, Miami-Dade, and Palm Beach Counties.
We handle the acquisition, entitlement coordination, construction documentation, and financing phases of development projects from raw land through certificate of occupancy. Whether you’re working on a mixed-use project, a retail pad site, a hotel, a multifamily development, or an industrial park, reach out to Loshak Law PLLC to discuss what the project will involve at the legal level.
Why Choose Loshak Law PLLC for Commercial Real Estate Development in South Florida?
Development projects fail in ways that closings don’t. Entitlement conditions that can’t be met. Construction lenders draw requests held up by incomplete lien waivers. Platting issues discovered late. Our real estate attorneys in South Florida work with developers and their consultants to move projects through each phase, paying close attention to what triggers delays.
Local Legal Knowledge in South Florida
Our founder, Brandon F. Loshak, built the firm’s transactional practice to handle commercial development matters alongside real estate closings, business law, and land use and zoning work. He is admitted to the Florida and Texas bars, earned his J.D. from St. Thomas University School of Law, and holds a degree in finance from the University of Colorado at Boulder. Brandon carries the AV Preeminent rating from Martindale-Hubbell, the highest recognition for legal ability and ethical standards. His background includes work at one of the country’s largest law firms and in the oil, gas, and mineral industries, which informs how we approach title, survey, and environmental review on development sites.
Evan C. Leach adds more than 13 years of practice in real estate, business law, asset protection, and complex litigation. A cum laude graduate of the University of Miami School of Law, Evan holds bar admissions in Florida and Massachusetts.
Integrated Title and Closing Services
As an authorized title agent with Old Republic Title through The Fund, our firm handles the title commitment, exception review, survey coordination, closing, and funds disbursement on development transactions in-house. Raw land and development sites often have more title exceptions than improved property, making hands-on title work particularly useful for development projects.
Transparent Fees on Development Matters
Development engagements are often better handled hourly, given how many moving parts are involved, but we discuss the budget and fee structure at the outset so there are no surprises. Clients have closed real estate transactions totaling millions of dollars through our office.
What Clients Say
★★★★★
“We worked with Brandon Loshak mainly and consulted with Maikel as well. Both are terrific attorneys, you can tell they love what they do! Brandon is an amazing lawyer very knowledgeable and honest! He is straightforward and realistic with possible results and expectations. Very positive minded, creative and resourceful, with an added bonus of a great sense of humor. Helped us out on a mortgage case, gave us great guidance and feedback with the utmost professional courtesy and patience BEFORE we were even clients and it continued as well AFTER we signed him on to represent us. Imagine having a lawyer making you feel as if you were family, giving you feedback and advice on decisions, updating you within minutes of any essential updates in the case, sending you copies of motions, following up to any missed calls within the hour through a call back, text or email (even on weekends), and answering any and all questions or concerns you may have. Cannot recommend him enough, will definitely use again in the future for all my real estate related matters.” – David Beltran
Read more reviews on our Google Business Profile.
Types of Commercial Real Estate Development Cases We Handle in South Florida
Commercial development projects vary by asset class, site conditions, and financing structure. The common thread is that a project needs legal coordination across acquisition, entitlements, construction, and stabilization.
- Raw land acquisitions for development. Negotiating purchase contracts with contingencies tied to entitlements, feasibility studies, and environmental clearance.
- Entitlement and zoning representation. Coordinating with land planners and traffic consultants on plan amendments, rezoning petitions, variances, and conditional use approvals before local planning and zoning boards.
- Plat and replat applications. Preparing and prosecuting subdivision, plat, and replat applications, along with plat vacations where an existing plat needs to be superseded.
- Development agreements with local governments. Negotiating binding agreements under the Florida Local Government Development Agreement Act that secure permitted uses and densities over the project timeline.
- Construction contracts. Drafting and negotiating AIA-form and custom construction contracts, including owner-contractor, owner-architect, and design-build agreements.
- Construction lender representation. Representing lenders on construction loan closings, including loan documentation, title insurance for construction loans, and draw request procedures.
- Developer-side construction loan closings. Representing developer borrowers on construction loan closings, title policies with construction endorsements, and intercreditor arrangements with equity partners.
- Joint venture agreements. Drafting joint venture operating agreements between developers and capital partners, including waterfall distributions, promote structures, and governance provisions. We coordinate with business formation counsel when new entities are created for the project.
- Hospitality and mixed-use components. Projects that combine retail, restaurant, office, or hotel uses often need licensing coordination, including alcohol beverage licensing for on-site food and beverage operators.
- Take-outs, refinancings, and dispositions. Upon stabilization, most projects either refinance into a permanent loan or sell to a stabilized-asset investor. We coordinate these through our commercial real estate practice and our real estate property closing services.
Florida Legal Requirements for Commercial Real Estate Development
Commercial development in Florida is shaped by state growth management laws, local land-use plans, water and environmental permitting, and federal wetlands regulations.
The Community Planning Act at Part II of Chapter 163, Florida Statutes, requires every county and municipality to adopt a local plan and to apply land development regulations consistent with that plan. Development proposals that do not match the future land use map require a plan amendment, which typically involves a transmittal hearing, state agency review, and an adoption hearing. The Florida Local Government Development Agreement Act within Chapter 163 also allows developers and local governments to enter binding development agreements that lock in permitted uses, densities, and public improvements for a defined period.
Subdivision and platting of land is governed by Chapter 177 of the Florida Statutes. The chapter sets standards for surveys, plat content, recording, vacation, and replatting. Counties and municipalities also have local subdivision regulations that developers may need to consider, along with the state standards.
Water resources and environmental permitting are governed by Chapter 373 of the Florida Statutes. In South Florida, the South Florida Water Management District administers the Environmental Resource Permit program for stormwater management, wetland impacts, and consumptive water use. The Florida Department of Environmental Protection coordinates state-level environmental oversight across regulated activities, including coastal construction, stormwater, dredge-and-fill, and brownfield redevelopment.
Federal wetlands regulation under Section 404 of the Clean Water Act is administered jointly by the US Army Corps of Engineers and the US Environmental Protection Agency. Development sites with delineated wetlands may require a Section 404 permit, a mitigation plan, and coordination with both state and federal regulators before clearing or grading begins. Jurisdictional determinations for wetlands on a property typically need to be completed before the acquisition closes, so the buyer understands what can actually be built.
Important Aspects of a South Florida Commercial Real Estate Development Case
Development matters move through predictable phases, each with its own legal components. Our South Florida commercial real estate development attorney tracks these through the project lifecycle.
Site Acquisition and Contingency Structure
The acquisition contract for a development site looks different from a straightforward purchase. Due diligence periods are long, contingencies are multiple, and closing is often structured in phases or tied to entitlement milestones. Earnest money deposits step up as contingencies burn off. Termination rights are usually tied to the outcome of specific approvals, feasibility studies, or environmental reports.
Entitlements and Land Use Plan Review
Most sites need some form of entitlement, whether rezoning, variance, site plan approval, or a plan amendment. Each has its own process, timeline, and public hearing requirements. Staff-level coordination with planners, neighborhood meetings, and discussions with local elected officials often determine whether an application advances or stalls.
Platting and Subdivision
Dividing a development site into lots, units, or phases requires plat approval. Plats must show easements, rights-of-way, utility corridors, and boundary information that will be recorded in the official records of the county. Replatting an existing plat requires vacation of the prior plat as part of the replatting process.
Construction Contracting and Lien Waivers
Construction contracts set out the scope, schedule, price, and risk allocation between owner and contractor. Payment applications from the contractor and subcontractors are tied to progress draws from the construction lender. Lien waivers are required with each draw, and Florida’s construction lien law under Chapter 713 creates specific notice and documentation requirements that developers and their counsel must follow throughout the project.
Construction Loan Documentation
Construction loans are structured differently from permanent financing. The loan agreement governs draw conditions, covenants, and completion deadlines. The mortgage secures the land and the improvements as built. Title insurance is updated through construction endorsements as each draw is made. Intercreditor arrangements between senior lenders, mezzanine lenders, and equity partners are documented before closing so priorities are clear from day one.
Stabilization and Take-Out
Once a project is built and leased up, the construction loan is typically refinanced into a permanent loan, or the project is sold to a stabilized-asset investor. Take-out financing involves a new closing, a new title policy, and release of the construction lender. A sale of the completed project follows commercial transaction norms, with the additional complexity of coordinating any remaining construction warranty and tenant matters.
Contact Loshak Law PLLC
If you’re under contract on a development site, preparing a rezoning application, negotiating a construction loan, or heading toward stabilization and take-out, early legal involvement keeps the project timeline intact. Our South Florida commercial real estate development lawyer serves clients throughout Broward, Miami-Dade, and Palm Beach Counties from offices in Fort Lauderdale and Hollywood.
Contact us to schedule a consultation. During that first conversation, we will review the project, identify legal issues across the acquisition, entitlement, construction, and financing phases, and openly quote fees. Put the experience of the attorneys at Loshak Law PLLC to work on your next development.
