David C.C. "Dave"

Eberhard

Partner

I start every engagement with a foundation of in-depth understanding of my clients’ industries. I listen carefully to them, identify their goals and priorities and then get the deal done efficiently — while always keeping their business terms and best interests front and center.

With a practice centered on commercial real estate, David Eberhard provides counsel on construction, corporate, business and commercial finance law issues. He regularly assists clients with the purchase, sale, development, leasing and financing of their commercial, manufacturing, industrial and office real estate projects, which includes handling construction contracts, bonding, zoning matters, real estate transfer issues, equipment financing and 1031 like-kind exchanges.

Represented Battery Manufacturer/Developer- Contemporary Amperex Technology Co., Limited (CATL). Scope of Services: Construction Services Agreement with Ford Motor Company and Three Party Design Agreement with Ford Motor Company, SSOE and CATL for the design, development and construction of $3.5 Billion Lithium Iron Phosphate (LFP) battery plant in Marshall, Michigan.
Represented Master Developer- Gilbane Development Company. Scope of Services: Pre-Development Agreements, Master Development Agreement, Turnkey Development Agreement, Lease Agreement, Property Management Agreement, AIA contractor agreements, Infrastructure Agreement and various financing and non-profit agreements and documents with

Represented Battery Manufacturer/Developer- Contemporary Amperex Technology Co., Limited (CATL). Scope of Services: Construction Services Agreement with Ford Motor Company and Three Party Design Agreement with Ford Motor Company, SSOE and CATL for the design, development and construction of $3.5 Billion Lithium Iron Phosphate (LFP) battery plant in Marshall, Michigan.
Represented Master Developer- Gilbane Development Company. Scope of Services: Pre-Development Agreements, Master Development Agreement, Turnkey Development Agreement, Lease Agreement, Property Management Agreement, AIA contractor agreements, Infrastructure Agreement and various financing and non-profit agreements and documents with Eastern Michigan University (EMU) for $210 Million P3 bond project for demolition of 7 existing student housing facilities, renovation of 8 student housing facilities and construction of 2 new student housing facilities in Ypsilanti, Michigan.
Represented Owner- MidMichigan Health. Scope of Services: AIA A133- Construction Manager Agreement for project “MMC Alpena Bed Tower” in Alpena, Michigan. New construction and renovation for Patient Tower on the campus of MidMichigan Medical Center- Alpena. Three story building added to west side of current 95,000 square foot building that included (i) First Floor- 4 licenses operating rooms, 2 procedure rooms, 8 PACU beds, 12 pre-operative/recovery beds, sorage space, central processing and surgical waiting area; (ii) Second Floor- obstetrics unit and 4 LDR room, 11 OB beds and licensed C-section room and 24 private medical/surgical beds; and (iii) Third Floor- 30 licenses private acute care beds, patient waiting area, 8 ICU beds and 22 PCU beds.
Represented Owner- MidMichigan Health. Scope of Services: AIA A133- Construction Manager Agreement for project “MidMichigan Health Park Bay” in Bay City, Michigan. Project included a 19,030 square foot emergency department addition and 1,410 square foot mechanical room addition to the existing medical center.
Represented a global manufacturer of aluminum rolled products with the construction of a 243,000 square foot aluminum stamping facility located in Bowling Green, Kentucky that included a long term lease with the local governmental unit and securing industrial revenue bonds of $250 million for construction of the facility and purchase of industrial equipment.
Served as commercial finance counsel for the lead arranger for a $130 million construction loan for select parking structures related to Comerica Park, Fox Theatre, Little Caesar’s Arena and other entertainment venues located in Detroit, Michigan, one of the most high profile development projects in the State of Michigan.
Represented a Macomb County, Michigan School District with the negotiation and preparation of AIA construction documents with Architects, Construction Managers and Contractors for its $143 million bond renovation project related to 15 school buildings.
Represented a global design and build leader of automated material handling, assembly, testing and welding systems with relocating its world headquarters to Shelby Township, Michigan that included the purchase and renovation of a 170,000 square foot mixed office and manufacturing facility and the construction of new 47,881 square foot manufacturing building. The transactions involved a 1031 like-kind reverse exchange, negotiation of various construction contracts and post-closing leases.
Represented a global Tier One engineering and manufacturing company focused on automotive driveline technologies with relocating its corporate offices to Auburn Hills, Michigan which included a long term lease and construction of a new 172,076 square foot, two-story mixed office, industrial and light manufacturing building.
Represented a global manufacturer of aluminum rolled products with the leasing and construction of a 130,255 square foot aluminum manufacturing plant located in White, Georgia that included securing industrial revenue bonds for the construction of the facility and negotiating a master equipment lease for financing the purchase of industrial equipment.
Represented a global manufacturer of industrial robots, machining tools and systems with moving it North American headquarters to Novi, Michigan which involved a long term lease and design-build construction contracts to construct a new 65,500 square foot general office, warehouse and manufacturing facility as well as obtaining local economic incentives.
Represented a global manufacturer of steering and driveline products with moving its world headquarters to Auburn Hills, Michigan that included a long term lease and construction contracts for the buildout of its 54,250 square foot general office, research and development and showroom facility.
Represented a global manufacturer of corrugated packaging products with the purchase and construction of major renovations to a 145,063 square foot warehouse facility located in Chesterfield Township, Michigan which included the negotiation of a joint venture agreement with the general contractor to secure alternative financing for the project.
Represented a global manufacturer with various leases for the Fowlerville Proving Ground consisting of 950 acres of land located in Fowlerville, Michigan that has multiple test tracks, including a 4,500-foot straightaway and 3-mile oval track, and a 10,000 square foot engineering building.
Represented the owner of a salt mine with the negotiation and preparation of construction contracts for the design, fabrication and construction of new hoist buildings and production hoist systems for the operation of its salt mine located in Detroit, Michigan.
Extensive experience with the purchase and development of single and multi-tenant buildings, commercial strip centers and retail shopping centers that involve preparing and negotiating commercial, shopping center, warehouse and ground leases with national retail and franchise tenants.
Extensive experience with obtaining governmental approvals for rezoning, conditional rezoning, special land use, variances and other governmental approvals for various construction and development projects.

Author, “Department of Labor Issues Final Revisions to FMLA Regulations,” Macomb County Bar Briefs, June 2009
Author, “Top Ten Things to Know About Commercial General Liability Policies,” Macomb County Bar Briefs, February 2009
Author, “Corporate America to be Held Accountable Under New Federal Law,” Macomb County Bar Briefs, December 2002

David C.C. "Dave"
Eberhard

Partner

Author, “Department of Labor Issues Final Revisions to FMLA Regulations,” Macomb County Bar Briefs, June 2009
Author, “Top Ten Things to Know About Commercial General Liability Policies,” Macomb County Bar Briefs, February 2009
Author, “Corporate America to be Held Accountable Under New Federal Law,” Macomb County Bar Briefs, December 2002

Represented Battery Manufacturer/Developer- Contemporary Amperex Technology Co., Limited (CATL). Scope of Services: Construction Services Agreement with Ford Motor Company and Three Party Design Agreement with Ford Motor Company, SSOE and CATL for the design, development and construction of $3.5 Billion Lithium Iron Phosphate (LFP) battery plant in Marshall, Michigan.
Represented Master Developer- Gilbane Development Company. Scope of Services: Pre-Development Agreements, Master Development Agreement, Turnkey Development Agreement, Lease Agreement, Property Management Agreement, AIA contractor agreements, Infrastructure Agreement and various financing and non-profit agreements and documents with

Represented Battery Manufacturer/Developer- Contemporary Amperex Technology Co., Limited (CATL). Scope of Services: Construction Services Agreement with Ford Motor Company and Three Party Design Agreement with Ford Motor Company, SSOE and CATL for the design, development and construction of $3.5 Billion Lithium Iron Phosphate (LFP) battery plant in Marshall, Michigan.
Represented Master Developer- Gilbane Development Company. Scope of Services: Pre-Development Agreements, Master Development Agreement, Turnkey Development Agreement, Lease Agreement, Property Management Agreement, AIA contractor agreements, Infrastructure Agreement and various financing and non-profit agreements and documents with Eastern Michigan University (EMU) for $210 Million P3 bond project for demolition of 7 existing student housing facilities, renovation of 8 student housing facilities and construction of 2 new student housing facilities in Ypsilanti, Michigan.
Represented Owner- MidMichigan Health. Scope of Services: AIA A133- Construction Manager Agreement for project “MMC Alpena Bed Tower” in Alpena, Michigan. New construction and renovation for Patient Tower on the campus of MidMichigan Medical Center- Alpena. Three story building added to west side of current 95,000 square foot building that included (i) First Floor- 4 licenses operating rooms, 2 procedure rooms, 8 PACU beds, 12 pre-operative/recovery beds, sorage space, central processing and surgical waiting area; (ii) Second Floor- obstetrics unit and 4 LDR room, 11 OB beds and licensed C-section room and 24 private medical/surgical beds; and (iii) Third Floor- 30 licenses private acute care beds, patient waiting area, 8 ICU beds and 22 PCU beds.
Represented Owner- MidMichigan Health. Scope of Services: AIA A133- Construction Manager Agreement for project “MidMichigan Health Park Bay” in Bay City, Michigan. Project included a 19,030 square foot emergency department addition and 1,410 square foot mechanical room addition to the existing medical center.
Represented a global manufacturer of aluminum rolled products with the construction of a 243,000 square foot aluminum stamping facility located in Bowling Green, Kentucky that included a long term lease with the local governmental unit and securing industrial revenue bonds of $250 million for construction of the facility and purchase of industrial equipment.
Served as commercial finance counsel for the lead arranger for a $130 million construction loan for select parking structures related to Comerica Park, Fox Theatre, Little Caesar’s Arena and other entertainment venues located in Detroit, Michigan, one of the most high profile development projects in the State of Michigan.
Represented a Macomb County, Michigan School District with the negotiation and preparation of AIA construction documents with Architects, Construction Managers and Contractors for its $143 million bond renovation project related to 15 school buildings.
Represented a global design and build leader of automated material handling, assembly, testing and welding systems with relocating its world headquarters to Shelby Township, Michigan that included the purchase and renovation of a 170,000 square foot mixed office and manufacturing facility and the construction of new 47,881 square foot manufacturing building. The transactions involved a 1031 like-kind reverse exchange, negotiation of various construction contracts and post-closing leases.
Represented a global Tier One engineering and manufacturing company focused on automotive driveline technologies with relocating its corporate offices to Auburn Hills, Michigan which included a long term lease and construction of a new 172,076 square foot, two-story mixed office, industrial and light manufacturing building.
Represented a global manufacturer of aluminum rolled products with the leasing and construction of a 130,255 square foot aluminum manufacturing plant located in White, Georgia that included securing industrial revenue bonds for the construction of the facility and negotiating a master equipment lease for financing the purchase of industrial equipment.
Represented a global manufacturer of industrial robots, machining tools and systems with moving it North American headquarters to Novi, Michigan which involved a long term lease and design-build construction contracts to construct a new 65,500 square foot general office, warehouse and manufacturing facility as well as obtaining local economic incentives.
Represented a global manufacturer of steering and driveline products with moving its world headquarters to Auburn Hills, Michigan that included a long term lease and construction contracts for the buildout of its 54,250 square foot general office, research and development and showroom facility.
Represented a global manufacturer of corrugated packaging products with the purchase and construction of major renovations to a 145,063 square foot warehouse facility located in Chesterfield Township, Michigan which included the negotiation of a joint venture agreement with the general contractor to secure alternative financing for the project.
Represented a global manufacturer with various leases for the Fowlerville Proving Ground consisting of 950 acres of land located in Fowlerville, Michigan that has multiple test tracks, including a 4,500-foot straightaway and 3-mile oval track, and a 10,000 square foot engineering building.
Represented the owner of a salt mine with the negotiation and preparation of construction contracts for the design, fabrication and construction of new hoist buildings and production hoist systems for the operation of its salt mine located in Detroit, Michigan.
Extensive experience with the purchase and development of single and multi-tenant buildings, commercial strip centers and retail shopping centers that involve preparing and negotiating commercial, shopping center, warehouse and ground leases with national retail and franchise tenants.
Extensive experience with obtaining governmental approvals for rezoning, conditional rezoning, special land use, variances and other governmental approvals for various construction and development projects.

David C.C. "Dave"
Eberhard

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Eberhard

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David C.C. "Dave" Eberhard

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David C.C. "Dave" Eberhard

My admin

industries

practices

speaking engagements

news

publications

other publications

David C.C. "Dave"
Eberhard

David C.C. "Dave"
Eberhard