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DUE DILIGENCE

We bring expert insurance knowledge and cut through the clutter to what is real and reasonable protection.

 

Our insurance due diligence services supports different stages of the lending, acquisition, or ownership process.

  • Transactional Due Diligence – we bridge the legal environment and the insurance and risk financing insurance needs during the acquisition or pre-development process.

  • Ongoing Due Diligence – “things happen” that adversely expose our clients’ collateral during a project’s life cycle.  We act as a resource by independently monitoring insurance or alternative risk financing programs, identifying deficiencies, and helping resolve them before situations get out of control.

  • Compliance Review Services – through customized audits, we evaluate a project’s current insurance protection and document an insurance program’s compliance against requirements contained in executed agreements.  We identify deficiencies and prioritize actions that restore the protection of our client's collateral.

 

We provide the best value when we’re brought into the picture before agreements are signed, though we are not shy about jumping into the middle of a process to help it resolve successfully.

 

Benefits of Using Us for Your Insurance-Related Due Diligence Needs:

  • We know commercial transaction processes intimately.  Consider that over 300 clients use our resources as they continually acquire and manage investment real estate.

  • Cut through the clutter to what is real and reasonable protection during the frenzy of closing a transaction.

  • Get quick responses and the right answers to the right questions at the right time!

  • Get nimble – and organized services; things change, and so do we…but we don’t lose track of the end goal.

  • We deliver customized results; whether your project involves a single facility or a large portfolio of multiple entities, we report only what you need, when you need it, and within your budget.

  • We bring expert knowledge to the table and effectively collaborate with legal counsel and deal makers.

  • We are independent experts without ties to insurance companies or brokers.

 

A Sampling of Our Clients Includes:

  • Real estate owners and developers

  • Real Estate Investment Trusts (REITs)

  • Investors who take equity positions in construction projects or real estate acquisitions

  • Entrepreneurs, venture capital firms, and financial services companies

  • Taft-Hartley institutions

  • Law firms

  • Commercial lenders (permanent, mezzanine loans, and construction loans)

  • Private and publicly traded entities, Fortune 500 companies in major industries, and international conglomerates

 

Our Transactional Services Include:

  • Engaging both sides of the transaction in discussions to ensure that the technical details of the insurance, or risk financing needs of the deal, are clearly understood. 

  • Assessing the merits or pitfalls of proposed insurance or risk financing alternatives.

  • Bringing creativity and peer review to the deal or project, and assisting in the design of the risk financing program.

  • Exploring answers to questions about collateral protection.  For instance,

  • What kinds of liabilities exist from current ground leases that might affect a joint venture’s control of its own insurance and risk financing program? 

  • What are the appropriate concerns when considering alternatives to contractor payment and performance bonds?

  • Analyzing contracts and collaborating with clients to design effective insurance requirements for ground leases, joint venture agreements, and construction contracts.

 

Alfred H. Nagelberg

Due Diligence Practice Leader and Co-President

111 Speen Street

2nd Floor, Ste. 217

Framingham, MA 01701
Tel: 781-449-2866
 

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