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Timothy M. Smith, Nutter McClennen & Fish LLP Photo

Timothy M. Smith

Partner / Boston

Overview

Timothy M. Smith is a senior partner in Nutter's Real Estate Department. Both public and private companies rely on Tim’s 30 years of experience in real estate acquisition, disposition, leasing, joint venture, and financing transactions. Tim represents clients in land use and permitting matters, including subdivision, environmental, wetlands, and zoning issues.

Institutional owners and corporate tenants engage Tim to represent them in leases of office space (including headquarters leases), manufacturing facilities, warehouse space and industrial/research, and development buildings. Institutional landlords utilize Tim’s expertise in retail leases of shopping centers, life style centers, enclosed malls, and mixed use buildings.

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Representative Client Transactions 

  • Novaya Real Estate Ventures and Wheelock Street Capital in acquisition of 14-building portfolio and related financing, leasing, and disposition of individual buildings 
  • Invesco Real Estate on all leasing and property management matters for (i) 55 Cambridge Parkway, Cambridge, MA (office), and (ii) One Liberty Wharf, Boston, MA (retail and office) 
  • Boston Scientific Corporation on a national basis on acquisition, disposition, leasing (tenant and landlord), and building management matters for headquarters, office, laboratory, and warehouse space, including recent disposition of headquarters complex in Natick, MA 
  • PerkinElmer on a national basis on all acquisition, disposition, leasing (tenant and landlord), and building management matters for headquarters, office, laboratory, and warehouse space 
  • Curo Properties in acquisition and leasing of Westford Corporate Center 
  • DivcoWest on all leasing and property management matters at the over 700,000 SF One Kendall Square, Cambridge, MA office, laboratory and retail complex 
  • Oxford Properties Group on all leasing and property management matters for 125 Summer Street, Boston, MA 
  • Normandy Real Estate Partners on leasing of various assets including Marlborough Technology Park 
  • Various institutional landlords (including Heitman, Invesco Realty, and DivcoWest) in retail leasing and management matters in enclosed malls, life style shopping centers, grocery anchored shopping centers, power centers, and mixed use projects with retail components 
  • Fresenius Medical Care on a national basis on major lease (tenant) transactions for headquarters, office, and warehouse space, including recent major lease transactions for buildings in Waltham, MA, Rockleigh, NJ and Nashville, TN

Tim continues his leadership outside the firm as an active member of the Massachusetts Chapter of the National Association of Industrial and Office Properties (NAIOP), the International Council of Shopping Centers (ICSC), and the Boston College Alumni Association. He speaks and writes frequently on real estate issues for Massachusetts Continuing Legal Education, Inc. (MCLE), Lorman Education Services, and Continuing Legal Education. He is the author of Commercial Lease Forms published in 2004 by Massachusetts Continuing Legal Education (“MCLE”). He also authored a chapter of Lease Drafting in Massachusetts published by MCLE.

Tim is a 1987 graduate of Boston College Law School, where he was a note editor of The Boston College Law Review. While obtaining his undergraduate business degree in both Finance and Marketing in 1984 from Boston College, he was elected to the Beta Gamma Sigma and Alpha Sigma Nu honor societies.

Experience

Experience

  • Sale of multi-building research and development and office facility contaminated by radiation and other hazardous materials

    Represented company in the sale of large multi-building research and development facility contaminated by radiation and other hazardous materials. Advised client on remediation of contamination and compliance with all relevant and environmental laws. Negotiated Purchase and Sale Agreement for facility, including liability release for remaining environmental conditions. Advised client on applicable laws relating to potential demolition of components of facility, including impact of historic landmark regulations.

  • Negotiation of large headquarters office lease for corporate tenant

    Negotiated Letter of Intent, Lease, Architect's Contract, Construction Contract and other related consulting agreements for, and performed due diligence on, approximately 265,000 square foot headquarters office facility. Also negotiated several lease amendments for expansion space and advised client on rights of first offer and expansion options.

  • Representation of developer on all aspects of industrial/office park development

    Represented developer in the acquisition, zoning, permitting, land use, environmental, subdivision, sale and financing of 400-acre industrial/office park development in southeastern Massachusetts, including the creation of individual land parcels, permitting of separate uses, leasing to end users, construction financing, and disposition of developed lots.

  • Representation of landlord on downtown Boston and Cambridge, Massachusetts office, warehouse, manufacturing and research and development buildings

    Representation of institutional real estate owner on all aspects of large Boston and Cambridge, Massachusetts office, warehouse, manufacturing, and research and development facilities, including negotiation of leases, letters of intent, property management contracts, brokerage agreements, construction and architect contracts, and advice to client on zoning, permitting and environmental matters.

  • National representation of corporate tenant on all facets of real estate acquisition, sale, leasing, financing, permitting, environmental, brokerage, construction contract and architect

    Representation of medical device manufacturer on a national basis on real estate leasing, acquisition, disposition, financing, permitting, environmental and other land use related activities, including negotiation of letters of intent, purchase and sale agreements, leases, lease amendments, architects and construction contracts, brokerage agreements and other consulting arrangements.

  • Representation of real estate investment manager on large enclosed mall and shopping center properties

    Representation of owner on 3 million square foot enclosed mall leased to national anchor and national interior mall tenants. Represented client on all facets of leasing and property management activities, including letters of intent, leases, lease amendments, subordination, non-disturbance and attornment agreements, architect's contracts, construction contracts and other consulting arrangements, and advice and representation of client on zoning, permitting and environmental matters.

News & Insights

Honors

Honors

  • The Best Lawyers in America, 2008-2018
  • Massachusetts Super Lawyers, 2004-2017
  • Super Lawyers, Corporate Counsel Edition, 2009 & 2010
  • Super Lawyers Business Edition, 2011-2015
  • Chambers and Partners, Leading U.S. Real Estate Attorney, 2017

Education & Admissions

Education

Boston College Law School, J.D., magna cum laude, Order of the Coif

Boston College, B.S., summa cum laude

Admissions

  • Massachusetts

Industries

Industry Expertise

Tim continues his leadership outside the firm as an active member of the Massachusetts Chapter of the National Association of Industrial and Office Properties (NAIOP), the International Council of Shopping Centers (ICSC), and the Boston College Alumni Association.

Noteworthy

The Best Lawyers in America, 2008-2018

Massachusetts Super Lawyers, 2004-2017

Super Lawyers, Corporate Counsel Edition, 2009 & 2010

Super Lawyers Business Edition, 2011-2015

Chambers and Partners, Leading U.S. Real Estate Attorney, 2017

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