Gush Of Real Estate Capital Fueling Struggles For JV Control

Law360, New York (February 9, 2015, 2:09 PM EST) -- As more and more foreign and domestic capital is chasing U.S. real estate projects, the question of how much control the developer and capital provider will have when the two jointly invest has become one of the most intensely negotiated aspects of such ventures, lawyers say.

While both sides in so-called "90-10" or "95-5" ventures — a reference to the 90 percent or 95 percent of the capital investors typically provide — are aggressively pushing for more control, both parties are finding some degree of leverage in such negotiations, lawyers say.

On one hand, developers are getting more aggressive as they...

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