No matter the size of your real estate portfolio, you face a multitude of legal responsibilities, risks and challenges every day including: legal and regulatory compliance, public safety, façade law (Local Law 11), and emergency preparedness planning (Local Law 26). Renovation projects face many environmental issues which may arise unexpectedly or which could have been anticipated and planned for properly.

John E. Osborn P.C.’s lawyers have represented property owners and developers for over 30 years. Our attorneys understand the day-to-day nuances of managing assets.  The Firm has published articles on a variety of asset management topics including: emergency preparedness, business continuity planning, façade law, building security, legal liability audits, sustainability and energy requirements, fire code, elevator code, as well as compliance with noise and environmental regulations.

Members of our facilities and asset management law practice have been extensively involved in the Building Owners and Managers Association of New York (BOMA/NY) and its committees including Building Codes, Regulations and Government Affairs and Emergency Preparedness Committee.  Our attorneys have also given presentations to different chapters of BOMA/NY, the Hotel Engineers Association of New York, various chapters of ERAPPA relating to University facilities management, the Greater New York Construction User Council and the New York State School Boards Association.


Typical Facilities and Asset Management Legal Services

  • Provide comprehensive review of properties and operations procedures to determine:

    • Vulnerability to premises liability claims and lawsuits

    • Effectiveness of premises liability and security management

    • American Disabilities Act compliance

    • OSHA compliance

    • Noise code and ventilation requirements

    • Protocols to minimize water intrusion and mold growth

  • Conduct property condition survey to determine necessity of repair/renovation to: roofs, façades, heating systems, plumbing systems, site drainage and other building elements

  • Review of real estate documents and condition surveys, insurance policies and contracts in order to develop the most effective procedures for construction, renovation and day-to-day maintenance

  • Perform comprehensive reviews of risk management programs:

    • Obtain appropriate insurance coverage from vendors, contractors and design professionals

    • Review strategy for insurance coverages, costs and deductibles

    • Review response to claims and procedures used to investigate incidents

    • OSHA compliance

    • Noise code and ventilation requirements

    • Protocols to minimize water intrusion and mold growth

  • Review of environmental property condition assessments to determine:

    • Ability to satisfy lender requirements in connection with refinancing, purchase or sale of property

    • Compliance with laws and regulations

  • Provide environmental assessment to determine property condition; identification of environmental issues relating to asbestos, lead-based paint, indoor air quality, water intrusion and humidity conditions causing mold

  • Advise and structure business continuity and emergency preparedness plans to define roles and responsibilities; identify critical business processes and determine continuity assumptions

  • Conduct emergency preparedness tabletop exercises to ensure roles are thoroughly understood and different types of events are prepared for and identify gaps in current business continuity plans

  • Conduct overall assessments of management practices, property analyses and recommendations for maximizing protections against legal liability

    Prior results do not guarantee a similar outcome.