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A Better Partnership

David C. C. Eberhard

Partner | Email

  • Macomb County

    t. +1.248.784.5187

    f. +1.248.603.9787

Biography

David C.C. Eberhard focuses his practice in the areas of real estate, construction, corporate, business and commercial finance law. He regularly assists clients with the purchase, sale, development, leasing and financing of their commercial, manufacturing, industrial and office real estate matters that includes assisting with construction contracts, bonding, zoning matters, real estate transfer issues, equipment financing and 1031 like-kind exchanges. He also regularly advises and assists clients with forming, organizing and structuring their business entities, including the sale and acquisition of businesses.  As part of his business practice, David specializes in the organization, sale and purchase of franchise businesses, transfer of liquor licenses and formation of minority and service-disabled veteran-owned businesses.      

Education

  • University of Detroit Mercy J.D. 1994
  • University of Michigan B.G.S. 1991

Admitted

  • 1995, Michigan

Courts

  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan

Bar Associations

  • American Bar Association
    Forum on the Construction Industry
  • State Bar of Michigan
  • Macomb County Bar Association
  • Macomb County Probate Bar Association

Experience

  • Represented a global manufacturer of aluminum rolled products with the construction of a 243,000 square foot aluminium 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 aluminium 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.

Honors & Awards

  • Best Lawyers in America, Corporate Law and Real Estate Law, 2020
  • Named a Top Lawyer in Real Estate Law by DBusiness, 2019
  • Named to Michigan Super Lawyers, 2015-18

Publications

  • 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

Ahead of the Curve Auto Supplier Blog

Leadership

Community Affiliations

  • Detroit Regional Chamber
  • Leadership Macomb
    Graduate Class of 2006
  • Lutheran Church Extension Fund (CEF)
    Board Member and Secretary (2012-Present)
  • Lutheran Heritage Foundation
    Board of Directors and Secretary
  • University of Michigan Alumni Association

Speaking Engagements

  • “Tips to Avoid Giving Away Everything But the Kitchen Sink When Negotiating a Restaurant Lease,” ICSC Retail Development & Law Symposium, Columbus, Ohio, March 1-2, 2012

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