McCracken & Byers - Land Use Law

Land Use Entitlements
Coastal Development
Construction
Insurance
Municipal/Administrative Law
Business Organizations
Real Property Law
Arbitration and Mediation

Land Use Entitlements: Top
McCracken & Byers will work with an owner / developer of property to identify the legal, political and environmental requirements for development of a parcel. We can work to evaluate sites for appropriate density, zoning and mix of uses. Today’s political environment is requiring more complex analysis to meet the needs of the local jurisdiction for Transit Oriented and mixed use projects. Almost all cities require an affordable housing component to any new housing and in some cities commercial projects as well. The firm can develop feasibility studies, develop the project description and follow through with Entitlement Applications, hearings and implementation. The firm’s professional staff can even lead the “public relations” outreach required for the development of community and political consensus necessary to get the project launched.

Representative Projects: The firm has successfully worked on everything from single family “owner/builder” projects to subdivisions, to condominiums, to Townhouses, Shopping Centers, office buildings, retail stores, transit systems, schools, parks and municipal projects.

Coastal Development: Top
The most complex and sensitive development projects involve the California Coast. These projects have additional legislative requirements and have several additional layers of regulatory review. McCracken & Byers' principals have spent over 20 years working to effectuate smart, efficient yet sensitive growth and development projects along the Coastal Zone. McCracken & Byers represents farm interests, residential developers and homeowners in matters relating to development, preservation, water rights and utility entitlements. Mike McCracken and Dave Byers were also personally involved in the acquisition by San Mateo County of lands for the new Mirada Surf County Park.

Construction: Top
The Construction Department of McCracken & Byers works with clients on issues concerning the actual construction and operation of projects from minor repair and re-model projects to heavy construction, bridges, Monorails, and mixed use construction. The members of the Department review and draft agreements and modify standard agreements (AIA, DBIA, AGC, HIC) for specific projects. They advise trade contractors and materials suppliers on delivery and payment issues. Construction disputes of all types (payment, liens, stop notices, bond claims, extra work, defect litigation) are handled with an eye to efficient, fast and economic resolution. Ninety percent of current projects require arbitration and/ or mediation to resolve disputes. The Construction Dept. has decades of experience in the submission and resolution of disputes through this medium.

Most importantly, the Dept. has a cadre of experts and technical consultants to investigate, document and help prove a winning claim or case. Construction disputes are “expert intensive” and a successful case requires the attorney to keep a guiding hand on the development of the evidence for a successful presentation as well as to not let the costs of the case drive the outcome.

Insurance:   Top
     Nothing in today’s development and construction environment is changing more rapidly than the scope and costs of Project insurance. The McCracken & Byers staff can make sure you have the right insurance for the project and has experience in the development of a mix of insurance coverages and alternative devices.

     Today, the standard GLC policy covers less and costs more than ever before. The method of allocating risk is changing rapidly. McCracken & Byers has developed “Self Insured Retention” (SIR) programs for many clients. We will help you trip coverage when there is a loss and make sure the carrier keeps your interests paramount in the adjustment process.

“Wrap” policies are now the norm in Multi-family Development. These costs can be partially shared by all parties to the project, we can show you how. These new “Wrap” policies require long term financing, McCracken & Byers can help the client work with the lender to finance these extended policies as a cost of the work, not just G&A.

Municipal / Administrative Law: Top
David Byers represents several “Special Districts” and Municipal Entities including Sanitary Districts, Lighting Districts and Emergency Radio Districts. He has represented School Districts and Consumer Groups. He provides General Counsel services and acts as specially appointed litigation counsel in difficult and complex litigation. He has extensive experience in land use, condemnation, municipal law and representing clients before regulatory bodies.

Business Organizations: Top
In order to meet the needs of the client the proper entity is required to insure maximum benefit with reduced risk. The firm forms and maintains Corporations, Limited Liability Companies and Limited Liability Partnerships. McCracken & Byers can advise you on the right form of entity for you and your project. Our staff attorneys can develop the relationship among the clients toward a specific goal or project.

Real Property Law: Top
McCracken & Byers represents clients in boundary disputes, easement litigation, sales contracts (Drafting and interpreting), Residential non-disclosure disputes and agency/broker disputes. Our associated surveyors help in issues concerning the Subdivision Map Act, disputes regarding property descriptions and support litigation related to ingress/egress, boundaries and fences. (Good fences do make good neighbors).

Arbitration and Mediation: Top
All civil litigation in California (and in almost all other states and the Federal Courts) is required to go through some form of “Alternative Dispute Resolution” (ADR) before the court will let the case go to trial. Most real estate and construction contracts require it as the sole venue for dispute resolution. The process for a successful Arbitration, Mediation , Neutral Evaluation or Special Master Proceeding requires experienced practitioners with an additional set of skills. McCracken & Byers has the skill and experience.