About David B. Durrett

Dave’s expertise is in the areas of commercial real estate leasing, finance and development. He knows the real estate market of greater Sacramento like the back of his hand. He has served as general counsel for a regional mall developer and has represented several state agencies in conjunction with large real estate projects, while also providing detailed attention to individual commercial property owners. He has supervised shopping center projects in California, Oregon, Washington, Idaho and Wyoming. Read more about Dave here. Contact Dave at [email protected]

The Implied Covenant of Good Faith and Fair Dealing

The landlord and tenant relationship should be based on the idea that both parties want to profit and succeed. In fact, the California Supreme Court in 1942 opined that neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract. See Universal Sales Corp. v. Cal. Etc. Mfg. Co., 20 Cal.2d 751, 771 (1942). Consequently, no landlord should be allowed to drive its tenant [...]

By |2019-01-31T17:48:26-07:00February 8, 2019|Commercial Real Estate|

Recapture Provisions and Repurchase Options

Larger retail projects are developed with anchor tenants or big boxes in mind.  Assume for the moment that you have plans for a grocery store surrounded by small shop tenants, and you have yet to decide if you are going to sell or lease the parcel to the grocery store.  Your site plan and your marketing focus on the vehicle and pedestrian traffic that will be attracted to the center because of the grocery store.  The shop tenants want to [...]

By |2018-09-27T21:47:26-07:00August 24, 2018|Commercial Real Estate|

What is a Retail Center?

During my career as a commercial real estate attorney, I have been amazed at the changes that have happened in the shopping center industry.  Who would have thought that a church, massage parlor, gym, church, vape shop, used clothing store and dentist could be the prime tenants in a shopping center?  A review of the many shopping center forms in my file, though, caused me to reconsider the nature of a shopping center and the typical requirement that it [...]

By |2018-07-12T19:58:41-07:00June 1, 2018|Commercial Real Estate|

Waterfront Property and the Public Trust Doctrine

Many people I know dream of owning that waterfront property that benefits from a beautiful sunset over the ocean, lake or river.  In fact, a client recently inquired about a great waterfront hotel site, and he was somewhat taken aback when I asked about the implications of the public trust doctrine.   For those of you who have not studied Roman and English common law, this doctrine applies to all properties that were submerged or were tidelands (lands between mean high [...]

By |2018-04-10T18:34:21-07:00March 9, 2018|Commercial Real Estate|


Clients always hope that the attorney will document the deal perfectly and provide full and absolute protection.  Unfortunately, clients cannot delegate all duties and need to play an active role with the attorney to make sure that all issues are considered and addressed.  With that in mind, here are a few bullet points to consider: Know the opposition – It is always helpful if the client devotes some time to getting acquainted with the other side.  For example, before entering [...]

By |2018-01-04T00:09:15-07:00December 15, 2017|Commercial Real Estate|

A Physical Approach to Leasing

For someone excited about opening a new business, he or she may want to stop and consider the hidden costs of leasing that do not appear in the rent section of the lease. Assume that Tammy has just signed a lease to open a fitness center in a converted warehouse.  The lease notes that she is taking the space in an "as-is" condition, and she is responsible for all tenant improvements that must be completed. Tammy did not want to [...]

By |2017-10-10T00:13:45-07:00September 22, 2017|Commercial Real Estate|

Senate Bill 269

Disability access is an issue that challenges many small businesses, especially when aggressive lawyers have developed practices around suing for violations of the Americans with Disabilities Act ("ADA") and California's Construction-Related Accessibility Standards Compliance Act. Effective immediately, Senate Bill 269 now provides small business with the opportunity to cure technical violations within fifteen days after the service of a summons and complaint or receipt of a written notice of violations, whichever is sooner, and thirty days to cure certain recent [...]

By |2016-05-11T16:10:57-07:00May 11, 2016|Commercial Real Estate|