Breaches Are Common. Most wireless leases are in compliance with the Lease Agreement at the start, but over the years, they fall out of compliance to the detriment of property owners due to site expansion and modifications that grew outside the original lease parameters. Through tower sales, property management, mergers and acquisitions, and dozens of different contractors working on the site over the years, it is very safe to assume that subsequent contractors and even new owners of the tower or the lease rights holders do not have access to that original lease agreement the wireless carriers had with the original property owner. Consequently, contractors do what they want and how they want without any considerations to encroachments, breaches, or payments as may have been contemplated in the original Lease Agreement years or even decades ago.
A Thorough Review of All Lease and Modification Documents Is Paramount.
Our lease experts assume nothing. We look at everything that was originally agreed to between the wireless carriers and our property owner clients. We look at what is now on your property. We then study all the site plans, engineering drawings, construction details, and any modification requests that were approved by you. We investigate anything that looks out of place by requesting the carriers to provide documents supporting authorization for such installations. This is just one of the areas of an audit that we conduct on every lease to ensure that over the years new equipment is not installed without the proper required approval by and compensation to our wireless landowner clients.
Over the years, we have seen it all . . . from carriers using twice the space they originally contracted to occupy and improperly tapping into landlords’ power for twenty years of free electrical usage to other technical breaches. We conduct many other areas of an audit to ensure that our clients are treated fairly and equitably by wireless carriers or tower companies.
Our Confidence Comes From Our Experience. We always start by investigating, discovering, and documenting these breaches. We explain to our clients precisely the issue, the timeline, what we believe the breach is, and what we think the monetary value is to our clients as a result of these breaches. We then engage in the collection process, which is painstaking in working our way through the wireless carriers’ or tower companies’ corporate structure to demonstrate our findings. We are often directed to their legal staff whose first response is to always deny our claims on various legal grounds, but we know the process. We understand technology evolution, and we happily work with their legal counsel to demonstrate why it is in the carriers’ best interest to resolve these matters fairly with our clients. It is not uncommon for us to recover tens of thousands of dollars per lease from wireless carriers for rooftop breaches, which range in depth, breadth, duration, valuation, and complexity, but our commitment to resolve these breaches remains the same. We level the playing field by bringing our industry insider expertise and experience to represent our wireless property owner landlords.
Our fee? Our clients are never charged a fee unless and until monetary recovery is made for them. That’s how much we believe in our expertise. We guarantee this in writing. It is that simple.