Benjamin Spiess

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Ben Spiess is Of Counsel in the firm’s Real Estate group. With a background in corporate law, he represents clients in all aspects of real estate transactions, including business formation, deal structuring, real estate purchase and sales, leasing, financing, business formation and structuring, mergers, equity and asset transactions, corporate reorganizations, and corporate governance. Ben is also experienced in structuring real estate investment syndications and all aspects of related securities law matters, including 144A private placements. He also practices in the areas of land use and zoning, ANCSA, and public lands. Ben is a member of the Stoel Rives Arctic Law practice area and is active in Arctic policy and development.

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Avoiding Development Disasters: Land Inventory and 1031 Exchanges

By Benjamin Spiess and Kevin Pearson on Posted in Accounting, Formation of Construction Entities, Land Use, Mergers & Acquisitions, Risk Management, Tax
The ability to defer taxes through a 1031 Exchange can make or break a real estate transaction.  But federal tax law does not treat all real estate owners equally. Under IRC Section 1031(a)(2), real property held “primarily for sale” in the ordinary course of a trade or business is excluded from Section 1031 and may … Continue Reading

Eight Things to Remember When Reviewing an Access Easement

By Benjamin Spiess, Gene Frassetto and David Green on Posted in Construction Contract Interpretation, Environmental Concerns, Indemnity
An access easement is a key link in the legal chain when builders need to cross another’s land to develop property. A poorly drafted easement could hobble an entire development.  Counsel should always be consulted to avoid the crippling impact of a development held hostage.  Here are eight tips to remember in reviewing an access … Continue Reading

SNDAs – How to Handle from the Tenant’s Perspective

By Benjamin Spiess, Gene Frassetto and Ervin Holmes on Posted in Financial Defaults, Project Lenders
At some point, almost every tenant of a commercial lease is asked to sign a Subordination, Non-Disturbance and Attornment Agreement (an “SNDA”). Generally, the SNDA comes from the landlord’s lender sometime after the tenant’s lease has been signed and the term has commenced. It can be a complex document with onerous provisions for a tenant, … Continue Reading

When “Non-Binding” LOIs Become Binding

By Timothy Snider, Gene Frassetto and Benjamin Spiess on Posted in Construction Claims, Construction Contract Interpretation, Construction Contracts, Construction Industry, Damages Claims, Green Building, Land Use, Mergers & Acquisitions
A letter of intent (“LOI”) is often the first document in a proposed deal – a summary of a range of key terms or concepts for negotiation toward entering into a final, formal agreement. But what seems like a simple document can be much more than a mere list of possible terms to be discussed … Continue Reading
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