Inside Look: A Conversation with Jared Ross, Day Pitney’s New Chair of the Real Estate, Environmental & Land Use Practice

The BBA caught up with Day Pitney’s Jared Ross who was recently named co-chair of the firm’s Real Estate, Environmental and Land Use Practice. We discussed moving trends in the real estate sector, Boston office space use, and more.

You lead Day Pitney’s Construction Practice and were recently named co-chair of the Real Estate, Environmental and Land Use Practice. What is your vision for the practice in this new role? Are there key trends or client needs shaping your priorities right now?

I am eager to focus on continuing the strategic expansion of Day Pitney’s Real Estate Practice. To me, this means continuing to add talented attorneys–both partners and non-partners–with general real estate experience or focus on certain aspects of real estate law (e.g., development, zoning, affordable tax credits) in geographies that make sense. For example, our real estate team in Miami has grown over the past few years with the addition of a number of practitioners who are deeply ingrained in the Miami market. As a result, the firm has handled a number of newsworthy projects in and around Miami and has quickly developed strong brand recognition in the marketplace. Growth like that–smart and strategic–is something I hope continues.

We are also working very hard to embrace the AI revolution and to license real estate-specific AI tools that will help us keep up with and exceed industry standards. There are a number of very interesting (and expensive) programs available that are tailored to real estate law practitioners. I am working with a group of attorneys in our business unit to coordinate with the firm’s overall AI group to make excellent choices in this area.

How have client needs in the real estate and construction sectors shifted over the past few years? What are you seeing now that might have surprised the industry five years ago?

In the construction context, general contractors include a variety of price escalation concepts in GMP agreements to offset the risk of material price escalations stemming from supply chain issues during Covid and from tariffs. These types of provisions are unique and, in many ways, contrary to the certainty a developer seeks in establishing a GMP. I understand the GC’s perspective, but at the same time, it makes budgeting for developers challenging, so we have addressed this in a number of different ways to help properly allocate this risk.

Today, this relatively new sector is probably the most active segment of the real estate industry. At Day Pitney, our Data Centers & Digital Infrastructure Practice works closely with colleagues across the firm—particularly our Energy Practice—to support clients developing, powering, and scaling data center and digital infrastructure projects. Because this asset class carries unique and substantial energy and infrastructure demands, we collaborate across disciplines to address regulatory, real estate, environmental, transactional, tax, and data security considerations throughout the project life cycle. Our integrated approach allows us to provide strategic, comprehensive guidance to clients operating at the forefront of the digital economy.

Boston’s development landscape is constantly evolving, from lab space to housing to infrastructure. What makes practicing real estate and land use law in Boston unique right now?

While real estate evolved during the Menino tenure to a degree, there was always the constant underpinning of what the administration looked for in projects, which drove consistency. Now, with changes in administration and each new mayor changing the role of the BPDA, the development process in Boston continues to evolve.

For example, there is currently a heavy focus by Mayor Wu on housing and, most importantly, affordable housing. As a result, a number of new initiatives have come online to spur more of this type of development–the office-to-residential conversion program being one of the most discussed. If we can find a way to make these projects pencil out more easily, I think the product that will be delivered to the market will be excellent.

I am also excited about the number of projects in and around Boston that are revitalizing long-abandoned and often environmentally challenged pieces of real estate. The casino in Everett, for example, required the clean-up of an old Monsanto site and, in doing so, cleaned up and brought life back to a long-forgotten but strategically located part of the region. Now discussions are long underway to develop the soccer stadium nearby and create better connections to the developments going on in Somerville. On top of that, novel projects repurposing assets like energy plants are underway. I get particularly excited by projects that reimagine abandoned parcels and breathe new life and new uses into them. We have a lot of that going on in Boston right now.

Another asset class worth mentioning is data centers. The rapid acceleration of AI-enabled technologies is driving significant demand for data centers, which in turn is fueling the need for expanded and reliable energy infrastructure. At Day Pitney, our Data Centers & Digital Infrastructure Practice works closely across real estate, energy, data privacy, technology, and other disciplines to support clients navigating the complex development, regulatory, and operational demands of this rapidly evolving sector.

You’ve written about the challenges and opportunities surrounding underutilized office space in Boston. What trends are you watching most closely, and where do you see the greatest opportunity for creative redevelopment?

I think everyone is watching the property tax issues closely. With high vacancy rates in many Boston office buildings, a rise in the commercial property tax rate or a higher reassessment could have long-lasting negative consequences. It’s a tricky issue because Boston’s budget is largely funded through residential and commercial property taxes and increasing the tax burden on either of those groups will have negative impacts.

On the commercial side, most buildings are subject to mortgages, and many have less than 90% occupancy. With less rent coming in and steady mortgage payment obligations, an increase in property taxes could result in financial challenges for the building owners. Buildings could end up trading at lower prices, bringing down commercial values and eventually assessed values, further exacerbating budget concerns.

I think the office-to-residential program is a great concept, though the redevelopment process is challenging. I know that the city continues to have dialogue with developers and other private sector consultants, and I trust and hope those conversations continue and that the program is refined to the point where more developers take on conversion projects.

When clients come to you with a complex development or construction issue, what do they value most in outside counsel today?

I would say it’s a balance between practicality and creativity. Clients don’t want to be told that they can’t do something simply because there is no precedent. They want you to think outside the box and help design a legal framework that makes the project possible.

In terms of practicality, clients demand practical advice. They need to understand the risk related to a particular decision and develop ways to mitigate that risk. Development projects almost always involve some forms of risk, and it’s important to work with clients to understand and compartmentalize it. Clients also want availability—they need quick responses and help working through the various fire drills of the day. It keeps me on my toes and makes the work enjoyable.

You’ve been active with the Boston Bar Association, Boston College’s Real Estate Council, and the Boston Chamber of Commerce New England Council. How has that involvement shaped your perspective as a lawyer and leader? What advice would you give to younger attorneys about building a meaningful professional network?

The first two groups are industry-specific (legal and real estate, respectively), and I find them to be great ways to meet potential clients and lawyers practicing in the same space. They are also great venues to source knowledge on how other firms are handling issues like return-to-office and emerging industry trends. It’s also very important to stay on top of the market, and speaking with lawyers and business professionals in the industry is a great way to do that.

I am a Board Member of the New England Council, which is the oldest chamber of commerce in the country. Its mission is to represent the interests of the business community of New England in the State and Federal Governments. It’s an amazing opportunity to sit next to senators, lawyers, and CEOs of banks, hospitals, energy companies, and others, and hear more about what is working and not working in their industries and then think about ways to improve things.

When I was a new associate, a mentor of mine, David Higgins (then at DLA Piper), sent me a book called Never Eat Alone about the importance of taking meetings over lunch and constantly expanding your rolodex. I still pull that book off the shelf and refresh myself with its thesis. Building a broad and lasting network of people who think differently is incredibly important for perspective and for mining opportunities.

Quick Takes:

1. One trend that will define Boston real estate in the next five years
   1. Data centers and energy infrastructure
2. A skill every real estate lawyer should develop
   1. Responsiveness and creativity
3. Best piece of career advice you ever received
   1. “Never eat alone.”