• Skip to content

Liskow & Lewis, APLC

future-focused

  • Team
  • Practices
  • Insights
David J. Weiner
Main image for David J. Weiner

DAVID J. WEINER

Shareholder

,
Houston

Leader of Real Estate Development Industry Group

T  713.651.2944
dweiner@liskow.com
Connect with me
Linkedin

Practices

  • Real Estate
  • Acquisition, Development, and Divestiture

Blogs

  • The Energy Law Blog - David J. Weiner

Assistant

Rosemary White

713.651.2925

“I believe the first key to any successful transactional representation is to ask the right questions. Many deals on which I’ve worked have been greatly impacted—whether in the form of an expedited closing, a timely withdrawal or otherwise—simply by addressing questions that the client may not have initially considered asking itself.”

Overview

David Weiner is a real estate lawyer who helps businesses with complex commercial and industrial leasing concerns, real estate sales and purchases, easements and rights-of-way, and secured real estate financing. His real estate practice includes the acquisition, financing, development, leasing and disposition of real property, including office buildings, shopping centers, and commercial and industrial properties. David is also the leader of the Real Estate Development Industry Group.

His clients include real estate developers, real estate investors, and other individuals and business entities involved in sale and purchase transactions, lease transactions, development agreements, easements and other real estate instruments. He works with landlords, tenants and subtenants regarding leasing of office building space, shopping centers, restaurant properties, and other commercial and industrial properties.

David also deals with lenders and borrowers regarding commercial loans, primarily those secured by real property.

Client Comment

“Liskow & Lewis, with partner David J. Weiner, have long been trusted advisors to our company on all matters related to real estate law. The firm has successfully navigated dozens of transactions for us, including leases, acquisitions, and sales. We trust Liskow & Lewis to handle our corporate real estate legal needs with prompt professionalism every time.” – Best Lawyers Client Comment, 2024

Notable Experience

Commercial Leasing Transactions

  • Represented a large corporate tenant in connection with the negotiation of a new office building lease covering over 300,000 square feet of office space in the Galleria area of Houston, Texas, which lease included various preferential rights, contraction options, and amenities protection rights.
  • Represented a large corporate tenant in connection with the renegotiation and extension of its office building lease covering over 300,000 square feet of office space in downtown Houston, Texas, which lease included various expansion options, rights of first refusal, contraction options, early termination options, roll-up rights, and a right of first offer to purchase the office building.
  • Represented a large corporate tenant in connection with the negotiation of two inter-related office building leases covering a total of over 500,000 square feet of office space within a campus in the Westchase District of Houston, Texas, which leases included various expansion options, hold options, preferential lease rights, contraction options, and rights of first refusal for purchase of the buildings.
  • Represented a large corporate tenant in connection with the negotiation of multiple office building leases covering a total of over 420,000 square feet of office space across multiple buildings in downtown Houston, Texas, including building naming rights and coordination with multiple lenders.
  • Represented a large corporate subtenant in connection with the negotiation of multiple office building subleases and sub-subleases covering a total of over 545,000 square feet of office space across multiple buildings in downtown Houston, Texas, including landlord recognition agreements relating to many of the subleases.
  • Represented a corporate tenant in connection with the negotiation of an office building lease covering nearly 40,000 square feet of office space, which lease included various expansion rights, rights of first refusal, and a purchase option on the office building and surrounding improvements.
  • Represented a large corporate tenant in connection with the partial termination of its office building lease, including the transition and ultimate forfeiture of building naming rights.
  • Represented a biotechnology company in connection with the negotiation of a build-to-suit lease agreement for a 275,000 square foot laboratory and manufacturing facility and related office space, which lease included multiple expansion options, a purchase option upon completion of the landlord’s work, and a right of first offer with respect to the purchase of the entire project.
  • Represented a corporate tenant in connection with the negotiation of a multi-floor office lease for a not-yet-built project in the Energy Corridor of Houston, Texas (the first lease for such project), including negotiation of building construction issues and milestones.
  • Represent a national real estate developer in the leasing of its industrial warehouse and logistics centers across Texas.
  • Represent corporate tenants in connection with the negotiation of office building leases throughout Texas.
  • Represent a large regional restaurant franchisee in connection with the negotiation of various shopping center lease agreements for its restaurant locations throughout Texas and the Midwest.
  • Represented a national automobile service franchisor in the leasing and subleasing of its franchised locations across the United States.

Real Estate Sale and Purchase Transactions

  • Represented a real estate investment company in the nine-figure sale of a brand new industrial warehouse complex in Arizona.
  • Represented a large oil and gas joint venture in connection with the negotiation of multiple option agreements relating to the acquisition of nearly 300 acres of land in East Texas, together with the relocation of drill zones on such land and neighboring land, from multiple landowners and mineral owners.  The transaction involved the negotiation of various ancillary agreements, including a site access agreement, an access easement, waivers of surface rights from mineral owners, modifications of existing surface rights, and a stipulation of interests to correct record title to portions of the land.
  • Represented a large oil and gas company in connection with the acquisition of approximately 100 acres in Katy, Texas from multiple sellers, including with the developer of the surrounding properties.  The transaction involved the escrow of funds for the developer’s completion of various post-closing development obligations and the administration of such escrow in coordination with the developer, the other sellers and the escrow agent.
  • Represented a real estate development company in connection with the acquisition of 35 acres in California for development of warehouse and logistics center complex.
  • Represent a restaurant operator in connection with the acquisition of fee title to its stand-alone restaurant properties and the subsequent sale of such properties with new long-term restaurant leases.
  • Represented an oil and gas company in connection with the sale of a multi-tenant industrial real property with environmental issues resulting from a prior owner’s use, including coordination and early termination of various leases in connection with such sale.
  • Represented a national homebuilder in connection with the negotiation of various purchase and sale agreements, development agreements and restrictive covenant instruments.

Secured Real Estate Financing

  • Represented a large financial institution in connection with various extensions of credit to a national auto parts manufacturer involving mortgages, deeds to secure debt, and deeds of trust on facilities located in multiple states and the coordination of title insurance policies.
  • Regularly act as local Texas counsel to borrowers for issuance of enforceability opinions as to deeds of trust securing Texas real property.

Involvement

Professional

  • Planning Committee Chair, State Bar of Texas, 46th Annual Advanced Real Estate Law Course, July 2024
  • American College of Real Estate Lawyers (ACREL) – Fellow
  • ACREL Membership Development Committee, Chair, 2023; Vice Chair, 2020 – 2022; Member, 2018 – Present
  • ACREL Leasing Committee, Member
  • Georgetown Advanced Commercial Leasing Institute, Participant (invitation-only), 2017 – 2019
  • Houston Bar Association – Real Estate Law Section, Chair, 2014–2015; Chair Elect, 2013 – 2014 – Secretary/Treasurer, 2012 – 2013; Council Member, 2010 – 2012
  • Planning Committee, State Bar of Texas, 8th Annual Advanced Real Estate Strategies Course, December 2014
  • Planning Committee, South Texas College of Law, 29th Annual Real Estate Law Conference, June 2014
  • State Bar of Texas – Real Estate, Probate & Trust Law Section – Title Insurance Committee – Member, 2009 – 2012
  • ABA Real Property, Trust and Estate Law Section – Retail Leasing Committee – Member
  • International Council of Shopping Centers – Member
  • American, Houston and Texas State Bar Associations – Member

Community

  • Jewish Federation of Greater Houston – Local Impact Fund Committee, 2023 – Present
  • Jewish Federation of Greater Houston – Commercial Real Estate Society – Member
  • Jewish Federation of Greater Houston – Fund for the Jewish Future Committee, 2020 – 2022
  • Houston Jewish Community Foundation – Grants and Allocations Committee, 2012 – 2019; Chair, 2013 – 2015

Recognition

  • American College of Real Estate Lawyers - Fellow
  • The Best Lawyers in America®, 2019-2025

Credentials

Education

  • The University of Texas School of Law (J.D., 2003)
    • Texas Review of Entertainment and Sports Law
  • University of Texas (B.A., magna cum laude, 2000)

Bar Admissions

  • Texas, 2003

Presentations

  • “Complex Commercial Leasing Issues," State Bar of Texas Advanced Real Estate Strategies Seminar, December 12-13
  • "Strategies for Changed Circumstances," State Bar of Texas, 17th Annual Advanced Real Estate Strategies Course 2023, December 2023
  • Panelist, “Things Fell Apart, But the Centre Held: Current Issues in Commercial Leasing,” State Bar of Texas, Advanced Real Estate Strategies Course 2022, December 2022
  • "Notes from the Disaster: Post-Hurricane Harvey Commercial Real Estate Experiences," ACREL’s Leasing Committee Meeting in Los Angeles, October 20, 2017
  • “Drafting Tips for Build-to-Suit Leases,” State Bar of Texas, Advanced Real Estate Drafting Course 2017, March 2017
  • “Stuck in the Middle: The Upside and Downside of Being a Sublandlord,” Houston Bar Association Real Estate Section, January 2016
  • “Assignments and Subleases,” State Bar of Texas, Handling Your First (or Next) Commercial Real Estate Lease, November 2015
  • “Stuck in the Middle: The Upside and Downside of Being a Sublandlord,” Houston Real Estate Lawyer’s Council, May 2015
  • “Mineral Rights and Surface Damage: An Overview of Recent Changes in the Title Insurance Industry,” State Bar of Texas, Advanced Real Estate Strategies Course 2014, December 2014
  • “Sublease Drafting Tips: Avoiding Pitfalls as the Sublandlord,” State Bar of Texas, Advanced Real Estate Drafting Course 2014, March 2014
  • “Mineral Rights, Surface Damage and Title Insurance: What Is (And Isn’t) Covered in a Title Policy,” State Bar of Texas, Advanced Real Estate Law Course 2013, July 2013
  • “Caught in the Middle: Practical Drafting Tips For Sublandlords,” South Texas College of Law, 28th Annual Real Estate Law Conference, June 2013
  • “Stuck in the Middle: The Upside and Downside of Being a Sublandlord,” State Bar of Texas, 34th Annual Advanced Real Estate Law Course, July 2012
  • “Mineral Endorsements: Recent Changes to How Mineral Rights are Handled in Texas Title Insurance Policies,” South Texas College of Law, 25th Annual Real Estate Law Conference, June 2010
  • “Planning in Advance for Disasters: Finding and Fixing the Gaps in Your Documents,” South Texas College of Law, 24th Annual Real Estate Law Conference, June 2009, materials prepared with Marilyn Maloney
  • “Planning in Advance for Disasters: Finding and Fixing the Gaps in Your Documents (with Marilyn Maloney),” Houston Real Estate Lawyers Council, May 2009
  • “Planning in Advance for Disasters: Finding and Fixing the Gaps in Your Documents,” University of Houston Seminar, Real Estate Workouts, Documents & Closings, February 2009 (co-author and co-presenter with Marilyn Maloney)
  • “Drafting for Disasters,” Commercial Finance Roundtable, November 2008 (co-author with Marilyn Maloney)
  • “Do Your Documents Leave Any Gaps? Planning in Advance for Disasters,” State Bar of Texas, 30th Annual Advanced Real Estate Law Course, July 2008 (co-author with Marilyn Maloney)

Publications

  • "Sublease Strategies for Sublandlords," Corporate Counsel Review Volume 43, Journal of the Corporate Counsel Section State Bar of Texas, 2024
  • "Legislative Update: What Minerals Coverage is Left Under Texas Title Insurance Policies?"
  • "The New Texas Assignment of Rents Act and its Impact on Future Real Estate Loan Transactions"
  • "The New Age of Minerals Coverage in Texas Title Insurance Policies"
  • "Fair Compromise?: Allocation of Re-letting Costs in Commercial Leases," The 101 Practice Series: Breaking Down the Basics, American Bar Association Young Lawyers Division, 2009

Client Case Studies

Negotiating occupancy protections for office subtenant

Our client:  A large oil and gas company

What happened:  Our client was negotiating a sublease of over 100,000 square feet of office space from an existing tenant in a downtown Houston office building who was no longer occupying the space.  The client needed assurances that it could continue to occupy that space even if the existing tenant defaulted under its lease.

Our approach:  In addition to a standard sublease with the tenant, I also negotiated a recognition agreement among the landlord, the tenant and our client.

The result:  The recognition agreement permitted our client to enter into a direct lease with the landlord following any termination of the tenant’s lease and also provided for payment of the rent differential (between the lease rent and the sublease rent) by the tenant to our client.

Structuring a build-to-suit commercial lease with expansion options

Our client:  A biotechnology company

What happened:  Our client was building a laboratory facility in the Greater Houston area but wished to minimize its initial capital investment in connection with the construction of the facility.  The client also wanted the right to expand the preliminary design of the facility to include additional buildings.

Our approach:  After advising the client about the potential risks and benefits of a build-to-suit lease (including those associated with the financial ability of the landlord to complete construction of the facility), I negotiated a build-to-suit lease with a developer/landlord.  The lease included several protections in favor of the client relating to the landlord’s obligation to complete construction, limitations on the landlord’s ability to assign the lease prior to completion of construction, and additional assurances from the landlord’s lender.  The lease also included multiple expansion options, as well as a right of first offer to purchase the property, in favor of our client.

The result:  The original build-to-suit lease was finalized, and then the client was able to later double the size of its facility by exercising its multiple expansion options several months later (which involved the negotiation of a comprehensive lease amendment).

Finding a sizeable rent credit for a client

Our client:  An office tenant in the Greater Houston area, with about 125,000 square feet of space.

What happened:  Our client had subleased multiple floors of its office space for higher rental rates than it was paying under its lease.  The lease provided a formula for splitting excess sublease rents with the landlord, but our client had been splitting such excess rents under a different formula.  The client wanted to amend its lease in order to change the rent split formula going forward.

Our approach:  I examined the lease provisions and excess rent payment spreadsheets and concluded that our client had been overpaying the landlord for several years.

The result:  Our client received a rent credit of nearly a quarter million dollars.

WHAT’S TRENDING WITH David

  • News
    08.22.24
    Liskow Lawyers Recognized in Lawdragon’s Inaugural 500 Leading Global Real Estate Lawyers
    less than a minute
  • News
    08.15.24
    118 Liskow Lawyers Recognized in The Best Lawyers in America® (BL Rankings) 2025
    5 minute read
  • News
    08.17.23
    114 Liskow Lawyers Recognized in The Best Lawyers in America® (BL Rankings) 2024
    5 minute read
  • News
    08.18.22
    85 Liskow Lawyers Recognized in The Best Lawyers in America© (BL Rankings) 2023
    4 minute read
  • News
    08.19.21
    74 Lawyers Recognized in The Best Lawyers in America 2022 Edition
    3 minute read
  • News
    08.20.20
    Sixty-Two Attorneys Recognized in The Best Lawyers in America, BL Rankings, LLC, 2021 Edition
    3 minute read
  • News
    08.15.19
    Fifty-Seven Attorneys Recognized in The Best Lawyers in America, BL Rankings, LLC, 2020 Edition
    3 minute read
  • News
    08.15.18
    Eight Liskow Attorneys named Best Lawyers “Lawyer of the Year” and Fifty-Two Attorneys Recognized in The Best Lawyers in America, BL Rankings, LLC, 2019
    3 minute read
  • Insights
    06.06.17
    Often Overlooked Sublease Issues For Office Tenants
    less than a minute
  • News
    06.06.17
    David Weiner Selected to the American College of Real Estate Lawyers
    less than a minute
View All
Liskow & Lewis, APLC
Arrow Icon

future-focused

  • Baton Rouge
  • Houston
  • Lafayette
  • New Orleans
  • New York City
  • © 2025 Liskow & Lewis, APLC
  • Sitemap
  • Disclaimer
  • Employee Login
Site by
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Team
  • Practices
  • Insights
  • Offices
  • Pro Bono
  • About Us
  • Careers
  • DEI
  • The Energy Law Blog
  • Gulf Coast Business Law Blog
  • The Maritime Law Blog