Daniel E. Dersham

A significant focus of Dan’s practice is representing owners in the development, construction and renovation of commercial and high-value residential properties. He negotiates agreements with architects, engineers, consultants, general contractors and design-build teams, including contracts for major corporate campuses, office and retail properties, institutional facilities and private residences.

Dan has extensive experience with the AIA family of construction and design agreements, as well as customized project delivery and contracting arrangements. He advises clients on allocating responsibility for project costs, scheduling, changes in the work, insurance, indemnification and other risks that can materially affect a project’s success. He works closely with owners, project managers, consultants and in-house counsel to develop contractual protections that are practical, commercially reasonable and aligned with each project’s objectives.

His construction & design contract representations include:

• Served as lead outside counsel to a major technology company in connection with design and construction contracting for a $350 million redesign and renovation of its corporate campus.*
• Led negotiations of architect and general contractor agreements for a $100 million adaptive reuse project involving seismic upgrades and historic preservation of an educational campus.*
• Negotiated architectural, engineering, construction and design-build agreements for a $50 million renovation and seismic retrofit of a major shopping center.*
• Advised technology founders, executives and other private clients on design, construction and renovation agreements for high-value residential projects totaling more than $100 million.*
• Represented a California public agency in negotiating architectural and construction agreements for the renovation of its San Francisco headquarters.*
• Represented a nonprofit organization in negotiating construction agreements for the renovation and ecological restoration of an open space preserve.*
• Advised technology companies, venture capital firms and private equity firms in negotiating design and construction agreements for commercial office tenant improvement projects in San Francisco, with aggregate project values exceeding $40 million.*
• Represented private owners and developers in commercial development and redevelopment projects involving agreements with public agencies, development agreements and related property rights, with aggregate project values exceeding $50 million.*

*Matters listed were handled at prior firms.

Dan also maintains a broad commercial real estate practice involving acquisitions and dispositions, leasing, secured financing, joint ventures and property rights. He represents institutional property owners, national and international financial institutions, corporate real estate teams, investment groups, family offices and private clients in transactions involving office, retail, industrial, mixed-use and other commercial properties.

His work frequently involves complex lease negotiations, title and easement issues, ownership structures, development agreements and financing arrangements. Dan collaborates with in-house counsel and other business advisers to resolve difficult transactional issues, address competing priorities and bring deals to closing.

Before concentrating on transactional work, Dan represented clients in federal and state court litigation involving commercial contracts, real estate, intellectual property and business disputes. That experience informs his approach to drafting and negotiating agreements, particularly his focus on anticipating disputes, identifying material risks early and developing practical solutions before problems arise.

His construction & design contract representations include:

• Served as lead counsel to a commercial property ownership group in connection with a $300 million leasehold financing involving a governmental lender, including complex consent, subordination and leasehold security arrangements.*
• Advised national and international financial institutions and institutional property owners on acquisitions, dispositions, leasing, construction and property management matters involving commercial real estate assets across multiple U.S. markets, with aggregate transaction values exceeding $100 million.*
• Advised high-net-worth families and individuals on the formation, governance, management, transfer and financing of real estate investment and ownership entities across multiple states, coordinating with family offices and tax and estate planning counsel in connection with private real estate holdings valued at more than $900 million.*
• Advised a private investor on the acquisition, development, leasing and disposition of a shopping mall project, involving transactions totaling more than $50 million.*
• Represented a national construction services company in negotiating leases for hundreds of thousands of square feet of office and industrial space across multiple states.*
• Represented a national distribution company in the acquisition, disposition and leasing of California commercial properties involving more than $15 million in transactions.*
• Advised private automotive clubs and enthusiast organizations on the acquisition, development and improvement of specialized California properties, including racetracks, clubhouses, event facilities and showrooms.*
• Negotiated a commercial lease and related agreements for a life sciences company involving more than 27,000 square feet of specialized laboratory and office space.*

*Matters listed were handled at prior firms.