Retail Leasing Expert in Percentage Rent Lease Agreements

Case Description:

A retail leasing expert with knowledge of percentage rent lease agreements was needed for a breach of contract action. The plaintiff was a retail grocery store leasing commercial space from the defendant. Plaintiff was required to pay the defendant a bonus, in the form of a rent percentage, if its revenue reached certain levels. However, the plaintiff was allowed to deduct common area maintenance, or CAM, expenses and taxes when calculating revenue for the purpose of determining the bonus. When the parties expanded the plaintiff's leased premises, a dispute arose concerning the way the percentage rent bonus was calculated.

IMS ExpertServices was asked to place a retail leasing expert who understood percentage rent lease agreements to opine on the expansion of the leased premises and its ramifications for the percentage rent bonus structure that existed between the parties.

Experts Presented:

  • Commercial Real Estate Development

    This retail leasing expert has more than 25 years of experience purchasing, leasing, developing and managing commercial real estate, including office buildings and shopping centers. He is senior partner at a law firm whose practice focuses on retail leasing, landlord/tenant negotiation, and shopping center development issues. This expert has also negotiated sales and leases between malls and strip malls and big box retail stores. He is experienced in all aspects of mixed used property leasing, including percentage rent lease agreements, financing, and landlord/tenant negotiations. He has served as an expert witness in real estate matters involving leasing disputes. IMS Reference #1213999

  • Property Management

    Specializing in property management issues, this individual is a retail leasing expert experienced in the management and operations of office buildings, warehouses, shopping centers, multi-family apartment buildings and parking facilities. She has consulted on matters involving security, standards of care, management practices, lease agreement disputes, lease administration, percentage rent leases, and common area maintenance calculations and disputes. As a Certified Property Manager, she is familiar with all aspects of retail leasing including negligence, toxic mold, and Americans with Disabilities Act (ADA) compliance. IMS Reference #1667618

  • Real Estate Law

    This commercial leasing expert is an attorney practicing real estate law who represents developers, building managers, asset managers and real property trusts. He has drafted thousands of commercial retail leases, many of which included a percentage rent component, and is recognized as a top landlord-tenant negotiator in Texas. This expert has more than 35 years of experience litigating real property disputes and landlord-tenant issues. He has extensive expert witness experience in commercial landlord-tenant matters and ethics in retail property transactions. IMS Reference #5011364

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