Air Force housing project in Texas rescued by McKenna Long client

Posted on January 22, 2009 12:58 by Andy Peters

When a real estate developer dropped out of a military housing project in Texas, partner Scott Rafshoon’s client stepped into the void.Air Force

Balfour Beatty Communities LLC last month closed on a $142 million deal to acquire a project to privatize housing at Lackland Air Force Base in San Antonio. Balfour Beatty Communities will manage one phase of a project that has already been completed, according to Rafshoon. Balfour Beatty Communities will also complete the design, construction and management of a second phase at the same location. Balfour Beatty Communities acquired the project from Realm Holdings Inc. of Austin, Texas.

Realm Holdings was forced to sell its interest in the project because it was unable to obtain financing for an expansion of the project that was desired by the U.S. Air Force, Rafshoon said.

The deal was closed in spite of the “incredibly tight credit market,” Rafshoon said. They were able to close in part because the deal had the backing of the U.S. government. Although Capmark Financial Group Inc. is the primary lender, the deal also has the imprimatur of the U.S. Air Force.

It also helped that the deal closed during a narrow window of time in December when interest rates and credit spreads “tended to match up where it was financeable,” Rafshoon said.

Further, Capmark knew that Balfour Beatty Communities had a solid reputation for completing these types of projects at other U.S. military bases, he said.

Balfour Beatty Communities was formerly known as GMH Military Housing. In April, the British construction/engineering giant Balfour Beatty PLC acquired GMH Military Housing and changed its name. Rafshoon had counted GMH Military Housing as a client and has continued to represent the company under its new owner.

Balfour Beatty’s deal for GMH Military Housing came about a year after the U.K. company acquired one of GMH Military Housing’s key development partners, Centex Construction. Centex, which had been a unit of residential homebuilder Centex Corp., focuses on commercial building projects.

Rafshoon managed about a dozen McKenna attorneys on the transaction, from various practice groups including corporate finance, mergers & acquisitions, tax, construction, environmental, government contracts, government affairs, real estate and real estate finance.

Kutak Rock represented Capmark. Andrews Kurth advised Realm Holdings.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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