"The client needs its lawyer to do more than just identify the problems; the client needs a lawyer that can identify workable solutions to the problems and get the deal closed!"
For nearly three decades, Jay has represented clients in all aspects of the development, acquisition, leasing, financing and sale of real estate, most notably office, shopping center and retail oriented projects. His typical clients include developers, landlords, tenants, borrowers, investors, private equity funds and lenders. Jay has worked on many large scale projects, successfully negotiating and documenting transactions for his clients with national retailers, including Publix, Target, Kohl’s, CVS, 7-11, Walmart, Food Lion, WaWa, Sheetz, Planet Fitness and Aldi, and with restaurant operators including Panera Bread, Arby’s, Ruby Tuesday, KFC and Red Robin.
He has extensive experience with transactions involving triple net ground leases and grocery store anchored shopping centers. He has established a strong reputation working on many well‑known projects throughout the Mid-Atlantic, including the 2,500,000 square foot Central Park Shopping Center project in Fredericksburg, Virginia, Cosner’s Corner in Spotsylvania County, Virginia, Quantico Corporate Center in Stafford County, Virginia, Innsbrook Corporate Center in Henrico County, Virginia and Winding Brook in Hanover County, Virginia.
Jay strives to bring to each transaction an understanding of the business of real estate on the local, regional and national level and a pragmatic approach to representing his clients in negotiations. There is a premium on getting the deal done and closed faster, while protecting the client’s legal and business interests within the terms of the deal. Jay’s approach is not only to identify issues and problems of concern to his clients, but to work with them to develop and implement creative alternatives that result in closing, rather than killing, the deal.
His work includes:
- Drafting and negotiation of office, retail, warehouse and ground leases, including complex leases involving nationally known tenants.
- Structuring and negotiating real estate joint ventures and limited partnerships.
- Formation of limited liability companies, partnerships and corporations.
- Drafting and negotiating purchase and sale of real estate.
- Corporate asset acquisition and disposition.
- Structuring and negotiating comprehensive covenants, restrictions and easements for large scale residential, commercial and mixed use developments.
- Reviewing, drafting and negotiating leases and lease enforcement, including landlord/tenant matters.
- Shopping Center Declarations, OEA's and REA's, including cost sharing agreements among multiple owners.
- Loan workouts and restructuring.
- Construction loans and permanent financing.
- Conduit loans.
- Investment in tenant in common transactions.
- 1031 tax deferred exchanges.
Selected for inclusion in Best Lawyers in America, Real Estate, 2008-2009, 2012, 2014-2018, 2020
Selected for inclusion as a “Super Lawyer,” Real Estate, Virginia Super Lawyers, Thomson Reuters, 2013
Named to “Legal Elite” (Real Estate/Land Use), Virginia Business, 2004, 2008, 2016, 2017
AV rated, Martindale-Hubbell
Representation of developers in drafting and negotiating sales contracts and comprehensive operating agreements with national retailers, including Target, Kohl’s, WalMart and Home Depot.
Representation of a landlord client in negotiating a lease and subsequent sale of a grocery store anchored center to Publix.
Representation of medical/physician groups in leasing medical office space.
Representation of a medical practice in structuring, negotiating and completing the joint venture development and ownership of a medical office building.
Representation of a private investor in the portfolio sale of 35 retail properties.
Representation of clients in a sale – leaseback transaction with a national retailer.
Representation of tenants in connection with lease defaults, workouts and implementation of lease exit strategies.
Representation of developers and investors in negotiation of financeable ground leases for stand-alone retail and office properties.
Representation of local retailers in leasing space in a regional lifestyle center.
Representation of a developer in the preparation of complex common area operation and maintenance agreements.
Representation of developers in CMBS mortgage refinancing transactions.
Provision of legal services in connection with acquisition and portfolio management for a state pension fund.
Representation of a private landowner in a lease for a minor league baseball stadium.
Beyond the Law
Beyond the Law
Jay founded the firm’s Fredericksburg office in 1991 and has engineered its growth and development from the trunk of his car to its current office at 725 Jackson Street. When he’s not practicing law, or enjoying golf and skiing in Wintergreen, Jay works on fund raising and community service projects for the Rotary Foundation and his local Rotary Club in Innsbrook.
University of Richmond School of Law, J.D.
Randolph Macon College, B.A.