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Biographical Information

R. Preston Bolt, Jr. serves as the chair of Hand Arendall Harrison Sale’s public finance practice group. He practices in the fields of public finance, securities, and commercial and lending transactions. He was born in Anniston, Alabama, practiced in Georgia from 1979 until 1982, and was admitted to the Alabama State Bar in 1983. He graduated from The University of Alabama, B.A. 1976, and from Vanderbilt University School of Law, J.D. 1979. Preston was selected for membership in Phi Beta Kappa, Omicron Delta Kappa, Jasons, and was the recipient of the Algernon Sydney Sullivan Award. At Vanderbilt Law School, he was a Patrick Wilson Scholar and was inducted into the Order of the Coif. He served on the staff of the Vanderbilt Law Review, 1977—1979.

Preston has extensive experience in representing cities, counties, utilities and other public bodies issuing bonds and other tax-exempt debt. He also has acted as bond counsel for bonds issued to finance projects for 501(c)(3) organizations and manufacturing and other facilities eligible for industrial development and financing.

With the increased use of incentives and public/private partnerships to encourage investment, Preston has also had extensive experience in advising both public and private participants in public/private transactions. He regularly advises clients with respect to tax exemptions and abatements, infrastructure assistance, direct financial assistance and other types of assistance available to encourage economic development. For a complete listing of representative tax-exempt financings in which Preston or other members of the Public Finance and Economic Development Practice Group have participated, see List of Representative Tax-Exempt Financings.

Preston is a member of the Mobile County Bar Association, the National Association of Bond Lawyers and numerous civic and charitable boards. He is a Fellow of the American College of Bond Counsel.

Admissions

  • Alabama State Bar, 1983

Education

  • J.D., Vanderbilt University School of Law, 1979
  • B.A., University of Alabama, 1976

Additional Information

Civic and Professional Affiliations

  • Alabama State Bar
  • Mobile County Bar Association
  • National Association of Bond Lawyers
  • American College of Bond Counsel
  • Chairman of the Board of Trustees of the Bellingrath-Morse Foundation
  • Board Member and Past Chairman of Leadership Alabama
  • Board Member and Past Chairman of A+ Education Foundation
  • Past Chairman of the Mobile Area Chamber of Commerce, the Mobile Library Board and the Mobile Area Education Foundation
  • Board Member and Past Chairman of the Public Affairs Research Council of Alabama

Awards

  • Chambers USA, Banking & Finance: Public Finance
  • Best Lawyers In America©, 2005—2022, Public Finance Law
  • Martindale-Hubbell® AV Rated

Related Practices

Biographical Information

David A. Ryan’s practice encompasses a broad array of transactions, ranging from developments involving real estate to securities offerings to mergers and acquisitions. His practice generally can be grouped into the following categories:

Real Estate: Purchases, developments and divestitures of all types, including commercial, residential, mixed-use, resort, special-purpose and others, comprise David’s real estate practice. Transactions often include assemblage of land parcels, complex entitlements issues, historic districts, tax credits, negotiation of joint development ventures and agreements, procurement and negotiation of debt and equity through institutional providers and private placements, procurement of all capital stack components, negotiation of hierarchical risks and returns to various transaction participants, provision of non-consolidation opinions and other opinions necessary to facilitate financing and otherwise consummate transactions.

Condominiums: As an integral component of David’s real estate development experience, he has been involved in a multitude of condominium developments, including mixed-use, residential, commercial, vertical, horizontal and land condominiums. Such projects have included procurement of air rights, subterranean rights, lighting rights and other issues associated with high-rise/high-density developments. These transactions have involved private parties, public entities and governmental institutions, and in some instances have involved private, public and governmental participation in a single development.

Ground Leases: Ground lease structures are a recurring theme in David’s practice, and he has negotiated such arrangements in connection with a variety of real estate transactions, some of which involve condominiums, others which involve private and public institutions, and many of which have involved both public and private universities. As a component of his ground lease experience, David has structured sub-ground leases as a derivative component of master ground lease structures and has negotiated ground lease conversions to fee ownership interests. The specific issues pertaining to title insurance represented by ground lease transactions are an area in which David has been heavily involved.

Public-Private Partnerships: As the public sector has become interested in sharing the financial burdens and risks associated with large scale developments, David’s practice has increasingly involved public-private partnerships. These arrangements have involved municipalities, counties and state organizations across the United States, and have included infrastructure projects, mixed-use developments, toll bridges, student housing, and hotels and related developments in resort areas.

Securities: Exempt from registration securities offerings have played a significant role in David’s practice, whether such offerings have been for a particular project or whether a fund is being created for various investment purposes, and whether related to real estate or otherwise. David’s securities practice has involved significant filings and appearance before local, state and federal agencies.

Mergers and Acquisitions: The purchase and sale of business interests and controlling interest purchases and sales in ongoing business ventures have been a component of David’s practice from its inception, and involves asset purchases, ongoing business concern purchases and sales, membership interest purchases and sales, negotiation of structured buyouts with post-closing participation in ongoing success of the venture, as well as wind-downs, spinoffs and other types of divestitures, including addressing the various tax implications associated therewith.

Professional Services Representation: Throughout David’s practice he has been active in the representation of physicians and physician groups with their various transactional needs, including professional services agreements, management services agreements, mergers, acquisitions, partial, complete and phased buyouts of professional service groups and other related transactions. He has been involved in multiple Certificates of Need procurements. Restructuring of professional service groups to facilitate growth, attraction of talent and succession planning has also been an area of focus in David’s professional services representation.

General: Throughout David’s practice he has been integrally involved in and consummated billions of dollars of transactions, and in doing so has represented owners, developers, borrowers, lenders, equity providers, municipalities and state agencies.

David is a member of the American, Birmingham and Mobile Bar Associations, and serves as a member of the Board of Directors of various charitable and civic organizations.

 

 

Admissions

  • Alabama State Bar, 1990

Education

  • J.D., University of Alabama School of Law, 1990
  • Auburn University, 1987

Additional Information

Award

  • Martindale-Hubbell Rated

Related Practices

Biographical Information

Joe Cowan is an insurance coverage and business litigator. Joe’s practice focuses on advising clients on insurance coverage issues and defending claims involving breach of contract, bad faith, and fraud. Joe has extensive experience advising insurers and policyholders on claims arising from catastrophic losses and natural disasters, with a particular emphasis on business interruption and cyber risk claims. Joe regularly consults with contractors and sureties on insurance coverage and risk transfer issues. Joe’s experience also includes trials and appeals in the areas of business torts, products liability, construction, fidelity and surety, and other complex civil litigation.

Joe has published and lectured on a number of topics involving insurance litigation, including institutional bad faith, defending business interruption claims, preparing the insurance claim representative for testimony, and using social media to combat insurance fraud.

Admissions

  • Alabama State Bar, 1996

Education

  • J.D., Cumberland School of Law, cum laude 1996 
  • B.A., George Mason University, 1993

Additional Information

Civic and Professional Affiliations

  • Alabama State Bar
  • Birmingham Bar Association
  • Alabama Defense Lawyers Association
  • Claims and Litigation Management Alliance

Publications and Presentations

  • Faculty, CLM Claim College, School of Extra-Contractual Claims 2017—2020
  • Using Social Media Sites to Research and Uncover Insurance Fraud, published in Defending Against Insurance Fraud Claims (Aspatore Books, 2012)

Representative Cases

  • Clarified requirement of contractual pay-if-paid provision in a subcontract and confirmed surety’s ability to raise that provision as a defense to a Little Miller Act claim under a payment bond. Keller Construction Co. of Northwest Fla., v. Hartford Fire Ins. Co., 279 So. 3d 579 (Ala. Civ. App. 2018)
  • Represented hospital against software provider for loss of electronically stored health records. Avoided software provider’s arbitration demand under software license agreement because the Business Associate Agreement it later executed omitted the arbitration language. Greenway Health, LLC v. Southeast Ala. Rural Health Assoc., 290 So. 3d 812 (Ala. 2019).
  • Successfully overturned $1.12 million judgment against surety on payment bond because subcontractor’s contract with labor broker was illegal and therefore could not be the basis of a payment bond claim. White-Spunner Construction, Inc. and Hartford Fire Ins. Co. v. Construction Completion Co., 103 So. 3d 781 (Ala. 2012)
  • Affirmed summary judgment for insurer on bad faith claim arising from alleged failure to investigate roof damage. Singleton v. State Farm Fire & Cas. Co., 928 So. 2d 280 (Ala. 2005)

Awards

  • Martindale-Hubbell® AV Preeminent
  • Best Lawyers In America©, Insurance Law, 2014—2022

Related Practices

Biographical Information

Bruce McGowin has extensive experience in the fields of real estate, commercial finance, and environmental law. His clients include utilities, manufacturers, developers, investors, retailers, banks, finance companies, title insurers and management companies.

Bruce is a member of the Mobile County Bar Association, the Alabama State Bar (Chairman, Environmental Section, 1988-1989), and the American Bar Association. He is a member of the Board of Directors of the Downtown Mobile Alliance. He is a member of Leadership Coastal Alabama. He was a contributing editor for the Environmental Practice Guide published by Matthew Bender & Co. in 1992. Bruce is a frequent lecturer on environmental and real estate matters and is recognized in the book The Best Lawyers in America, for real estate law and environmental law.

SAMPLE TRANSACTIONS

  • Acquisition of a 2.1 million square foot former railcar production facility in Colbert County, AL – Representing Buyer 
  • Sale of retail and commercial multi-use development at The Wharf, Orange Beach, AL – Representing Receiver/Seller 
  • Sale and financing of multiple beachfront properties for hotel development, Orange Beach, AL – Representing Seller and Lender 
  • Representation of European and Asian banks in $175,000,000 loan facility for development of chemical production facility in Decatur, AL – Representing Lenders
  • Land swap pertaining to various Mobile River properties between the Alabama Department of Conservation and Natural Resources and the Alabama State Port Authority, Mobile, AL – Representing Port Authority 
  • Sale of Konica-Minolta office and production campus to Mobile County School Board, Mobile, AL – Representing Seller 
  • Acquisition of All Pipeline Right of Ways for LNG facility (Mobile, AL and Offshore State Lands) – Representing Buyer
  • Sale of former Kaiser Aluminum Wire Manufacturing Facility, Bay Minette, AL – Representing Seller 
  • Purchase of 114 acre International Paper Company Mill Site for the Alabama State Port Authority, Mobile, AL – Representing Buyer 
  • Purchase of Beach frontage for Condominium Development, Gulf Shores, AL – Representing Lender 
  • Purchase of 49 Hectares on the Rio Panuco, Tampico, Mexico for Shipyard Construction – Representing Buyer 
  • Sale of Former Navy Homeport to Exxon LNG, Mobile, AL – Representing Seller
  • Sale of FBI Building, Mobile, AL – Representing Buyer 
  • Acquisition of All Right of Ways Required in Alabama and Mississippi for Gulfstream TransGulf Pipeline (Gautier, MS and Mobile, AL to Tampa, FL) – Representing Buyer 
  • Purchase of Citgo Oil Terminal, Panama City, FL – Representing Buyer
  • Development of Historic Malbis (300 Lot New Urbanism Subdivision), Daphne, AL – Representing Developer 
  • Purchase of 14,000 acres of Timberland, Keith Springs, TN – Representing Buyer
  • Refinancing of Three Wood Chip Mills, Monroe County, AL – Representing Borrower
  • Sale of Oil Refinery and Associated Pipeline to Shell Oil Co., Chickasaw, AL – Representing Seller 
  • Sale of 5,000-acre resort community (including hotel, condominiums, undeveloped lots, golf course and single family residences), Still Waters, AL – Representing Seller 
  • Private Auction of 325 Commercial and Residential Properties for the Resolution Trust Corporation – Mobile, Montgomery, Birmingham and Huntsville, AL – Representing Seller 
  • Purchase of First National Bank Building, Mobile, AL – Representing Buyer 
  • Financing the Sale and Lease Back of 36 Auto Parts Stores in eleven states – Representing Lender
  • Development and creation of numerous condominiums at Gulf Shores and Orange Beach, AL – Representing Developers 
  • Purchase of Springdale Mall, Mobile, AL – Representing Buyer

Admissions

  • Alabama State Bar, 1981

Education

  • J.D., University of Alabama School of Law, 1981
  • B.A., Auburn University, 1978

Additional Information

Civic and Professional Affiliations

  • Alabama State Bar Association (Environmental Law Section)
  • American Bar Association (Member of Real Property, Probate and Trust Section)
  • Leadership Coastal Alabama, Class of 2004
  • Main Street Mobile
  • Downtown Mobile Alliance (Board of Directors)
  • Mobile Lions Club
  • Manufacture Alabama
  • Business Council of Alabama
  • Coastal Conservation Association

Awards

  • Best Lawyers® Lawyer of the Year 2013 and 2022, Real Estate Law, Mobile
  • Best Lawyers® Lawyer of the Year 2012, Environmental Law, Mobile
  • Best Lawyers In America©, Corporate Law, Environmental Law, Real Estate Law, 2005—2022 

Related Practices

Real Estate

Our firm’s deep commitment to serving clients in the real estate industry is apparent in almost everything we do. Our practice is rooted in serving developers, contractors, property owners, banks, investors, professionals, and other clients in the real estate industry, and all of our practice areas are pertinent to real estate companies and professionals in some shape or form. We are proud to share responsibility for shaping cities across the South and throughout the United States, and we are equally proud of our work protecting the interests of our real estate industry clients in litigation and alternative dispute resolution (ADR) proceedings.

Real estate and the law go hand in hand. From acquisition to development, and from leasing to disposition, all aspects of the commercialization of real estate involve legal issues at the local and state levels. In many cases, there can be federal implications as well, and our clients rely on our lawyers to help them make informed and strategic decisions while protecting them against unnecessary liability risks. Lending transactions also involve a multitude of legal issues, and lenders need to be able to rely on experienced legal counsel to protect their interests in financed properties. We have significant experience serving as lender’s counsel for real estate transactions, and we currently represent numerous banks in Alabama and Florida.

How We Serve Our Clients in the Real Estate Industry

The breadth of our firm’s practice allows us to provide full-service legal representation to clients involved in all facets of the real estate industry. Our lawyers offer deep knowledge in their areas of practice; and, when representing clients in regulatory matters, transactions and litigation, we pull in lawyers from our various Practice Groups as necessary in order to effectively and efficiently meet our clients’ needs. With our firm’s client-centric approach, we are able to serve as a strategic partner for matters including:

  • Land acquisition and disposition
  • Loan documentation
  • Title work and lien perfection 
  • Small Business Administration (SBA) loan closings 
  • Real estate financing
  • Development and construction
  • Commercial contract drafting and negotiation
  • Statutory and regulatory compliance
  • Strategic tax planning and securing tax incentives
  • Entitlements, easements and rights of way
  • Licensing, permitting and other requirements
  • Commercial and residential lease drafting and negotiation
  • Community association matters
  • Insurance coverage matters
  • Real estate mediation, arbitration and litigation

Whether you are an architect, engineer, broker or other real estate industry professional, whether you are an investor or you own a large development or construction company, and whether you need help complying with the law or protecting your company’s financial interests, our lawyers are here to help. We look forward to assisting in any way we can, and we invite you to contact us to learn more.

Speak with a Real Estate Lawyer at Hand Arendall Harrison Sale

If you would like more information about our firm’s services for companies in the real estate industry, we encourage you to get in touch. Call or contact us online to speak with a member of our Real Estate Practice Team in confidence.

Biographical Information

R. Preston Bolt, Jr. serves as the chair of Hand Arendall Harrison Sale’s public finance practice group. He practices in the fields of public finance, securities, and commercial and lending transactions. He was born in Anniston, Alabama, practiced in Georgia from 1979 until 1982, and was admitted to the Alabama State Bar in 1983. He graduated from The University of Alabama, B.A. 1976, and from Vanderbilt University School of Law, J.D. 1979. Preston was selected for membership in Phi Beta Kappa, Omicron Delta Kappa, Jasons, and was the recipient of the Algernon Sydney Sullivan Award. At Vanderbilt Law School, he was a Patrick Wilson Scholar and was inducted into the Order of the Coif. He served on the staff of the Vanderbilt Law Review, 1977—1979.

Preston has extensive experience in representing cities, counties, utilities and other public bodies issuing bonds and other tax-exempt debt. He also has acted as bond counsel for bonds issued to finance projects for 501(c)(3) organizations and manufacturing and other facilities eligible for industrial development and financing.

With the increased use of incentives and public/private partnerships to encourage investment, Preston has also had extensive experience in advising both public and private participants in public/private transactions. He regularly advises clients with respect to tax exemptions and abatements, infrastructure assistance, direct financial assistance and other types of assistance available to encourage economic development. For a complete listing of representative tax-exempt financings in which Preston or other members of the Public Finance and Economic Development Practice Group have participated, see List of Representative Tax-Exempt Financings.

Preston is a member of the Mobile County Bar Association, the National Association of Bond Lawyers and numerous civic and charitable boards. He is a Fellow of the American College of Bond Counsel.

Admissions

  • Alabama State Bar, 1983

Education

  • J.D., Vanderbilt University School of Law, 1979
  • B.A., University of Alabama, 1976

Additional Information

Civic and Professional Affiliations

  • Alabama State Bar
  • Mobile County Bar Association
  • National Association of Bond Lawyers
  • American College of Bond Counsel
  • Chairman of the Board of Trustees of the Bellingrath-Morse Foundation
  • Board Member and Past Chairman of Leadership Alabama
  • Board Member and Past Chairman of A+ Education Foundation
  • Past Chairman of the Mobile Area Chamber of Commerce, the Mobile Library Board and the Mobile Area Education Foundation
  • Board Member and Past Chairman of the Public Affairs Research Council of Alabama

Awards

  • Chambers USA, Banking & Finance: Public Finance
  • Best Lawyers In America©, 2005—2022, Public Finance Law
  • Martindale-Hubbell® AV Rated

Related Practices