Carla M. Moynihan
Partner, Real Estate Department Chair
Pronouns: she, her, hers
Overview & Experience
Insights & Activities
Carla M. Moynihan, partner and chair of the firm's Real Estate Department, has over 25 years of transactional experience advising clients in all aspects of their acquisition, disposition, leasing, permitting, construction, and financing projects.
Carla’s clients include owners, institutions, developers, retailers, individual investors, hotels, state agencies, municipalities, and lenders. She represents these clients in single asset and portfolio transactions for hotel, retail, office, multi-family, or industrial uses, advising on purchase and sale agreements, leases, joint ventures, investments, financings (CRE and CMBS), development agreements, and architectural and construction contracts.
In addition to her transactional practice, Carla guides clients throughout the permitting and public land approval process at federal, state, and local levels, including the Massachusetts Environmental Protection Act, the Massachusetts Historical Commission, the City of Boston Board of Appeal, the Boston Planning and Redevelopment Agency, and neighborhood architectural/landmark commissions.
Carla is a frequent lecturer on commercial real estate transactional matters, and a former adjunct faculty member at the Boston University School of Law, teaching Contract Drafting.
“Carla Moynihan guided us through some complex dealings with humor, understanding, and a high degree of competence. All of us were impressed with her grasp of the issues and appreciated her ability to communicate legal matters in terms we could easily understand. The personal attention she gave to us made a real difference – we truly enjoyed working with her.”
Experience
- Boston Planning and Development Agency on numerous long-term ground lease projects throughout the City of Boston, including:
- the former Building 108 Power Plant in the Navy Yard for redevelopment of 97,000 sq ft of laboratory and R&D space with café and 39 below grade parking spaces.
- an amended and restated ground lease regarding two adjacent Economic Development and Industrial (EDIC) leaseholds on behalf of BPDA for property located at Raymond L. Flynn Marine Park.
- a 70-year ground lease with a 29-year option to extend and PILOT (Payment in Lieu of Taxes Agreement) for the redevelopment of the historic Chain Forge Building located in the Charlestown Navy Yard for a 180,000 sq ft, limited service, extended stay 240-room hotel and restaurant/bar. The lease transaction included tri-party agreements with the National Park Service.
- Thermo Fisher Scientific on leasing, lease amendments, acquisitions, title review, reciprocal easement agreements, and design and construction contracts (design build and design bid build) for various ground up, building renovations, and replacement projects including ones for lab/biotech/office space, manufacturing, warehouse space, and/or cold storage space throughout the United States and Europe. Completed over fifty large and small real estate and design / construction contracts for projects valuing between $2 million to over $100 million.
- Rafi Properties in the $88 million acquisition and $29.3 million financing of Ames Business Park, now Somernova, in Somerville, Massachusetts. The 300,000 square foot mixed-use site, located in the city’s Union Square, contains 25 different lots and is home to over 30 vibrant and popular anchor tenants.
- Ahold Delhaize in the sale of surplus real estate throughout the Northeast, including negotiation of purchase and sale agreements, as well as drafting operating and third-party leases, condominium documents, and REAs.
- Berkeley Investment creating uniform owner/developer contracts including Acceptance of Proposals (AOPs) for design and construction, AIA forms, and access agreements and have handled the negotiation and project specific AIA design and construction contracts for a variety of uses and project size, including standard bid and design build projects.
- Distinctive Hospitality Group in a $73 million CMBS re-financing of DHG’s three hotel portfolio located in Natick and Somerville, MA and defeasance of an existing $44 million CMBS loan.
- Hotel portfolio owner in the acquisition and financing of the Mystic Hilton in Mystic, Connecticut, including purchase agreement, due diligence, CT Property Transfer Act, liquor license procurement, franchise agreement, and construction contracts for PIP work.
- BankProv in the financing to Canton Hydro LLC for the construction, rehabilitation, operation, and maintenance of the Upper Collinsville Dam, a hydroelectric dam located on the Farmington River in Canton, CT.
- Industrial automation company in the acquisition of new headquarters in South Windsor, CT, including drafting and negotiating the letter of intent and purchase and sale agreement, including title, survey, environmental and building condition considerations, and handling the acquisition financing.
Accolades
- Ranked in Chambers USA for Real Estate – Massachusetts (since 2012)
- Listed in The Best Lawyers in America© for Real Estate (since 2013)
- Named to Massachusetts Lawyers Weekly “Top Women of Law” (2017)
- Named Massachusetts Lawyers Weekly “Go-to Commercial Real Estate Lawyer” (2021)
- Selected for inclusion in Massachusetts Super Lawyers (since 2009)
- Martindale-Hubbell Peer Review Rated: A/V Preeminent®
- Boston University School of Law’s Young Lawyer’s Chair Award
- Named to Boston magazine’s Top Lawyers list (2022, 2023, 2024)
Speaking Engagements & Publications
- “Negotiating a Construction Contract,” speaker, MCLE, June 7, 2021
- “Mastering the Art of Negotiation,” speaker, WTS-Boston Professional Development Committee, May 4, 2021
- “How to Draft & Negotiate a Commercial Sublease,” speaker, MCLE, March 23, 2021
- “Riding The Uncertainty Wave: Tackling Challenges & Unlocking Opportunity in 2021,” moderator, Bisnow’s Digital Summit Boston 2021 Forecast, January 2021
- “Commercial Real Estate Practice in Massachusetts, 1st Edition,” co-author, Massachusetts Continuing Legal Education (MCLE), 2020
- “Surviving, Thriving and Growing your Business through the Pandemic: Session 3: Commercial Real Estate Trends,” speaker, ProVisors, October 14, 2020
- “What Hotel Owners and Operators Need to Know About the CARES Act,” co-author, LODGING Magazine, April 6, 2020
- “Ground Leasing with Government Entities,” speaker, Boston Bar Association, June 16, 2018
- “Mentor and Sponsorship: Creating Growth in Your Organization,” speaker, Women in Law & Leadership Conference, May 16, 2018
- “Self-Advocacy & Career Development: Effective Networking and Bonding,” speaker, Women in Law & Leadership Conference, November 16, 2017
- “Legal Updates for Your Dental Practice,” Sherin and Lodgen Seminar, June 2016
- “Implementing Form-Based Zoning in Your Municipality,” Municipal Lawyer, July/August 2006
- “Nail Negotiations through Due Diligence,” Women’s Business, co-authored with Nancy Cremins, September 2005
- “Reverse’ 1031 Exchange: A Problem Solver for Your Client,” vol.2, no. 3, Real Estate Bar Association Newsletter, 2005
- “Commercial Real Estate Transactions: The New Economic Climate,” Rhode Island Bar Association Annual Meeting, June 2011
- “The New Climate: Green Leasing and Green Measures in Design/Construction Contracts,” Robinson & Cole Webinar, The Times – They are a- Changin’: Selected Real Estate Topics Reflecting Current Economic and Green Climate Conditions, October 2010
- “Educational Initiative on ‘Green’ Zoning Requirements,” speaker Massachusetts Institute of Technology, March 2009
- “Form Based Code and Zoning,” speaker, Massachusetts Institute of Technology, March 2009
- “Due Diligence in Real Estate Process,” speaker, Lorman Educational Services Teleconference, June and December 2008
- “Public and Private Development on Public Land,” speaker, Massachusetts Continuing Legal Education, February 2008
- “Due Diligence in Real Estate Process,” speaker, Lorman Educational Services Teleconference, June and December 2007
- “Real Estate Development from Beginning to End in Massachusetts,” speaker, Lorman Educational Services Seminar, June 2007
- “Real Estate Development from Beginning to End in Massachusetts,” speaker, Lorman Educational Services Seminar, 2006
- “Title Insurance & Survey Issues,” speaker, Sterling Seminar on Real Estate Transactions, August 2006
- “Streamlining the Permitting Process,” speaker, Lorman Seminar on Advanced Zoning and Land Use, August 2006
- “Getting to Go Ahead,” speaker, Lorman Seminar on Advanced Zoning and Land Use, August 2006
- “Boston: The Law, The Players, and The Process,” speaker, Lorman Seminar on Land Use Zoning and Development in Boston, July 2006
- “Protectionist Regulations,” speaker, Lorman Seminar on Land Use Zoning and Development in Boston, July 2006
- “40B Comprehensive Permits: Anti-Snob Zoning,” speaker, Lorman Seminar on Land Use Zoning Development in Boston, July 2006
- “The Truth about Property Rights,” panel moderator, American Planning Association National Conference, 2006
- “The First Steps to Understanding Cambridge Zoning: The Ordinance, Maps, Districts, Policies, and Organizational Structure,” speaker, Cambridge Chamber of Commerce, January 2006
- “Processing Boston Zoning Applications: Who or What’s on First,” speaker, Lorman Seminar on Advanced Zoning and Land Use in Boston, December 2005
- “Site Selection and Due Diligence,” speaker, Lorman Seminars on Real Estate Development in Massachusetts, 2005
- “Comprehensive Regulatory Strategy: Expediting the Land Use Permitting Process,” speaker, Lorman Seminar on Advanced Zoning and Land Use in Massachusetts, August 2005
- “Preparing Zoning Opinions,”speaker, Massachusetts Continuing Legal Education Paralegal Conference, 1999
Related Blog Posts
Memberships
- The Abstract Club
- Boston Bar Association
- Former Co-Chair of the Real Estate Section
- International Council of Shopping Centers (ICSC)
- NAIOP Massachusetts
- Women’s Bar Association
Community Involvement
- Boston University School of Law
- Past President of Executive Committee
- United Way
- Real Estate and Building Industry Leadership Committee, Former Member
- Massachusetts Appleseed Center for Law and Justice
- Past President of Board of Advisors
- Town of Belmont
- Planning Board and Belmont Housing Trust (2007-2010)
