Thomas C. Barbuti

Thomas C. Barbuti

PARTNER
tbarbuti@wtplaw.com
COLUMBIA
T: 410.347.8719
M: 410.913.7987
F: 410.223.3499



Mr. Barbuti has extensive experience in complex real estate transactions. 

His clients have included numerous public agencies, nonprofits, healthcare facilities, developers in mixed –use projects, retailers, Fortune 500 “Big Box” retailers, landlords, shopping center developers, land developers and the Maryland Stadium Authority.

Representation has involved negotiation and documentation of public/private partnerships, joint development disposition agreements, leases and related documentation; creation of condominiums and “landominiums”; the ground leasing of units for medical office building construction; mixed-use retail offices; industrial projects; acquisition contracts; reciprocal easement agreements; air rights agreements; development, construction and leasing of shopping centers and regional malls; subleasing and sales of large retail and office buildings; acquisition, subdivision and sale of thousands of residential lots in multiple Maryland counties; and agreements with architects, general contractors and construction managers.

He is a member of the American College of Real Estate Lawyers and was recognized by the Real Property Section of the Maryland State Bar Association as the Distinguished Practitioner of the Year for 2015.

Recognitions

  • AV Peer Review Rated: Martindale-Hubbell
  • Recognized in Chambers USA: America's Leading Lawyers for Business, published by Chambers and Partners
  • Listed in Best Lawyers in America, 2009 - present
  • Listed in Maryland Super Lawyers, 2007 - present
  • Listed in Baltimore's Legal Elite, 2006 - Baltimore SmartCEO Magazine
 

Memberships & Activities

  • Elected to American College of Real Estate Lawyers, 2002
  • Former Chair: Section Council, Real Property Section, Maryland State Bar Association (2005); Vice-Chair (2004); and Secretary (2003)
  • Member: Urban Land Institute
  • Member: International Council of Shopping Centers
  • Member: National Association of Industrial Office Properties
  • Board Member: Editorial Board, Legal Update, International Council of Shopping Centers
  • U.S. Green Building Council, 2009, LEED Accredited Professional
  • Best Lawyers Designation
  • Chambers and Partners Designation

Complex Real Estate Development and Transactions, including Commercial Leasing, Condominiums, Purchase and Easement Agreements

  • Representation of public agency in negotiating and documenting public/private joint development disposition agreements, leases and related documentation.
  • Representation of a non-profit hospital in the creation of a "landominium" and the ground leasing of two units for medical office building construction.
  • Representation of developers in mixed-use projects including retail, office, and parking.
  • Representation of numerous retailers, including grocery stores and specialty retailers, in negotiating and documenting acquisition contracts, leases and reciprocal easement agreements
  • Representation of Fortune 500 "Big Box" retailer in connection with acquisition and construction of more than 60 stores throughout the United States.
  • Representation of landlord in leasing "Big Box" locations to leading national specialty retailers such as Circuit City, Best Buy, Office Depot, Staples, Burlington Coat Factory, Bed Bath & Beyond, Barnes & Noble and Dick's Sporting Goods.
  • Representation of shopping center developers in connection with acquisition, development, construction and leasing of strip shopping centers and regional malls.
  • Handled disposition by sublease of 233,000 square foot headquarters office building in Washington, D.C. suburbs.
  • Handled sale of several large office buildings in downtown Baltimore, Maryland.
  • Representation of developer in development of over 500 condominium units in various projects in Ocean City, Maryland.
  • Representation of land developers in connection with acquisition, subdivision and sale of thousands of residential lots in Howard County, Baltimore County and Anne Arundel County, Maryland.
  • Representation of The Maryland Stadium Authority in negotiations with stadium architect and construction manager, as well as in connection with contract document preparation, for Oriole Park at Camden Yards.
PRESENTATIONS & PUBLICATIONS

Co-Presenter:  "The Fun and Games (Not!) of Shopping Center Use Restrictions: Sorting Out Exclusive, Prohibited, Obnoxious, and Downright Unattractive Use Restrictions," International Council of Shopping Center’s (ICSC) U.S. Shopping Center Law Conference, October 2018

Co-Author:  "Tenant's Leasehold Rights at Risk," Retail Law Strategist, August 2004

Speaker:  "CAM/Operating Expenses - Devil or Angel . . . So Whose Clause is it Anyway?"American College of Real Estate Lawyers 2004 Mid-Year Meeting

Co-Author:  "Oops!  Lease Renewals:  When a Mistake Is Not a Mistake," Shopping Center Legal Update, Spring 2002

Co-Chair:  12th Annual Advanced Real Property Institute co-sponsored by The Maryland Institute for Continuing Professional Education of Lawyers and the Maryland State Bar Association Section of Real Property, Planning & Zoning, May 2001

Panelist:  "Subleasing Workshop"; International Council of Shopping Centers Annual Law Conference, 2001

Panelist:  "A Reasonable Landlord - The Latest Developments on Assignment Consents," Section of Real Property, Probate and Trust, American Bar Association, 2001 Annual Meeting

Co-Author:  "Implied Duties In Leases - What Else Is There Now?" Shopping Center Legal Update, Winter 2000

Speaker:  "Eastern Shore Markets, Inc. v. J.D. Associates Limited Partnership," Maryland State Bar Association Commercial Real Estate Lawyers Discussion Group, November 2000

Co-Chair:  11th Annual Advanced Real Property Institute co-sponsored by The Maryland Institute for Continuing Professional Education of Lawyers and the Maryland State Bar Association Section of Real Property, Planning & Zoning, April 2000

Panelist:  "Development Issues," 11th Annual Advanced Real Property Institute, April, 2000

Panelist:  "Operating Covenants," International Council of Shopping Centers Annual Law Conference, 2000

Co-Author:  "Subletting and Assignment:  An Introduction," The Commercial Property Lease, Volume III, 2000Co-Author:  "Say What You Mean - And Also What You Don't Mean," Bar Bulletin: Maryland State Bar Association Newsletter;  October 1999

Speaker:  "Enforceability of Continuous Operations Covenants," International Council of Shopping Centers Annual Law Conference, October 1999

Speaker:  "Enforceability Against Third Parties of Restrictive Covenants and Other Agreements in Unrecorded Leases," Maryland State Bar Association Annual Meeting, June 1999

Author:  "Landlord's Lament:  The Times Are Changing"; Shopping Center Business; December 1997

Co-Author:  "Unforeseen Issues:  Restraints on Redevelopment in Existing Leases and REAs," The ICSC Guide to Renovating and Expanding Shopping Centers - The Smart Way; 1996

Lecturer:  "Commercial Leasing in Maryland," National Business Institute, 1990-1991

Evening Instructor:  Principles and Practices of Real Estate, Essex Community College, 1978-1984

ARTICLES

Collecting Holdover Rent Just Became A Little Harder

What does your lease provide with respect to a tenant holding over after the end of the term?  Does it clearly define what constitutes a “holding over?”  In the recent case of Carroll Indep. Fuel Co. v. Washington Real Estate Investment Trust, the Maryland appellate court addressed the contours of a tenant holding over in ways that may be different from what a landlord would expect.  Perhaps both landlords and tenants need to take a closer look at a clause that is not frequently heavily negotiated, but which also may be interpreted by courts in ways that the parties did not anticipate.


Burning New Ground in Maryland Subrogation Law: Rausch v. Allstate Insurance Co.

In a landlord-tenant relationship, when should a tenant be concerned about its liability if its negligence, or the negligence of its employees, causes great damage to the leased premises or to the remainder of the shopping center? Does existing law offer protection to unwary tenants?  An insurer may have the right to sue the tenant if its policy contains a subrogation provision.  Subrogation is the substitution of one person for another, giving the substitute the same legal rights as the original party.  For example, an insurance company usually has a right of subrogation to sue anyone whom the person it compensated had a right to sue.  Where real property is damaged and an insurer invokes a subrogation action, it stands in the shoes of the insured to recover against the third party that caused damage to the insured's property.  As a result, without appropriate lease language, a tenant may be liable for the total cost to rebuild a shopping center.


Commercial Landlord's Duty to Mitigate

In a recent case, Circuit City Stores, Inc. v. Rockville Pike Joint Venture Limited Partnership, the Court of Appeals of Maryland clarified Maryland law relating to a commercial landlord's duty to mitigate damages following a default by a tenant. Under common law real property principles applicable to leases, a commercial landlord did not have any duty to undertake any efforts to mitigate damages, absent an agreement in the lease to the contrary. Under a contract, however, the common law imposed a duty to mitigate damages on the parties in the event of a breach by one of them.

EVENTS

NEWS

Chambers Honors Whiteford in 11 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2019 list of leading firms and business lawyers.

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


Whiteford, Taylor & Preston and 29 Lawyers Honored by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2017 list of leading firms and business lawyers. This year’s recognition includes a record 29 attorneys in 4 states, the District of Columbia and Afghanistan. 


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


Tom Barbuti, Partner at Whiteford Taylor & Preston, to Receive Distinguished Maryland Real Property Practitioner of the Year Award

Whiteford, Taylor & Preston is proud to announce that Tom Barbuti, a senior partner in the firm, is to be honored with the Distinguished Maryland Real Property Practitioner of the Year Award by the Real Property Section of the Maryland State Bar Association.  The award, to be formally presented June 12th at the MSBA Annual Meeting in Ocean City, Maryland, recognizes a Maryland real estate attorney best exemplifying the experience, technical skill, client service, integrity, collegiality, and courtesy for which all real estate lawyers strive.


63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


Fifty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland

Whiteford, Taylor & Preston is pleased to announce that 54 of its Maryland-based attorneys are listed among the 2014 Super Lawyers and Rising Stars.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars” and the three partners who received special recognition -- Edward Buxbaum and Dwight Stone in the Top 100, and Mary Claire Chesshire in the Top 50 Women.


61 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America; Nine Named as "Lawyers of the Year"

Sixty-one lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2014 (copyright 2013 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices, including the firm's new Roanoke office.

In addition, nine lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Whiteford, Taylor & Preston and 13 Partners Named as Leaders in the Legal Profession by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2013/2014 list of America’s leading firms and business lawyers. 

In addition, thirteen of the firm’s partners received individual recognition, including Kevin Hroblak, who was rated this year as "Up and Coming" in both General Commercial and Bankruptcy Litigation. Mr. Hroblak is co-chair of the firm’s Litigation Department and a leading member of the Business Reorganization and Bankruptcy Litigation practice.


Sixty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland, Delaware, Virginia

Whiteford, Taylor & Preston is pleased to announce that 64 of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in three states.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars”; the four partners who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, William Ryan, and Dwight Stone; and the 16 who are named for the first time this year.


60 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America Five Named as "Lawyers of the Year"

Sixty lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2013 (copyright 2012 by Woodward/White, Inc., of Aiken S.C.).

This represents an increase of seven over last year.  The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, five lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Whiteford, Taylor & Preston and 14 Partners Named as Leaders in the Legal Profession by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2012/2013 list of America’s leading firms and business lawyers. 

In addition, fourteen of the firm’s partners received individual recognition, including Kevin Hroblak, who was rated this year for the first time in the Litigation category.  Mr. Hroblak is co-chair of the firm’s Litigation Department and a leading member of the Business Reorganization and Bankruptcy Litigation practice.


Thomas Barbuti of Whiteford Appointed ICSC Committee Chair

Whiteford Taylor & Preston LLP announced today that the International Council of Shopping Centers (ICSC) has appointed Thomas C. Barbuti for a one-year term as Chair of its Government Relations Committee for Maryland, Washington, D.C., and Northern Virginia. In this volunteer role, Mr. Barbuti will represent the interests of owners, developers, investors, marketers and other retail specialists in the mid-Atlantic.


Forty-Six Whiteford, Taylor & Preston Attorneys Named Super Lawyers and Rising Stars in Maryland; Five in Maryland Listed in “Top 100”

Whiteford, Taylor & Preston is pleased to announce that 46 of its attorneys are listed among the 2012 Maryland Super Lawyers and Rising Stars.

The firm is particularly proud of the five who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, Paul Nussbaum, William Ryan, and Dwight Stone. Selection of the Top 100 lawyers in a jurisdiction is strictly based on the highest scores in the Super Lawyer judging process, and Whiteford is one of the two firms with the most names on the list.

Whiteford, Taylor & Preston and 13 Partners Named as Leaders in the Legal Profession by Chambers and Partners

Whiteford, Taylor & Preston is delighted to announce that Chambers and Partners has highly ranked the firm and 13 of its attorneys in its 2011 list of America’s leading firms and business lawyers. 

Newly rated this year was Joseph Mezzanotte, co-chair of the firm’s Real Estate practice.

As in the past, the firm was recognized in Maryland in six separate categories of practices. As before, the firm’s Bankruptcy Litigation practice is the only one in Maryland ranked in Band One, the highest rating. 


Seven LEED APs in WTP's Green Practice

WTP's Green Construction & Sustainability Group is pleased to announce that seven of the lawyers in the group are LEED Accredited Professionals.


36 Whiteford, Taylor & Preston Attorneys Named Maryland Super Lawyers

Whiteford, Taylor & Preston LLP (WTP) is pleased to announce that 36 WTP attorneys have been named in Maryland Super Lawyers publication. Maryland Super Lawyers will appear in a special advertising section in the January 2007 issue of Baltimore Magazine and in the Maryland Super Lawyers magazine.


6 Whiteford, Taylor & Preston Attorneys Named Among Baltimore's Legal Elite

Whiteford, Taylor & Preston LLP (WTP) is delighted to announce that Baltimore SmartCEO Magazine (SmartCEO) has selected six WTP attorneys for its list of Baltimore's Legal Elite.   

"We're honored that our attorneys have been recognized for their skills, knowledge, and client dedication.  While we've always known how fortunate we are to have them as part of the Whiteford family, we're very pleased to have this type of outside recognition," explained Martin Fletcher, a member of the firm's Management Committee.


Five WTP Attorneys Recognized in Chambers USA, 2004 - 2005

Whiteford, Taylor & Preston L.L.P., is pleased to announce that Thomas C. Barbuti (Real Estate), Joseph K. Pokempner (Labor and Employment), Larry M. Wolf (Labor and Employment), Jeanne M. Phelan (Labor and Employment ), and Robert B. Curran (Corporate) have been recognized in 2004/2005 edition of America's Leading Business Lawyers, published by Chambers & Partners.


Three WTP Attorneys Recognized in Chambers USA

Whiteford, Taylor & Preston L.L.P. is pleased to announce that Joseph K. Pokempner (Labor and Employment Law), Thomas C. Barbuti (Real Estate Law) and Larry M. Wolf (Labor and Employment Law) have been recognized in 2003/2004 edition of America's Leading Business Lawyers, published by Chambers & Partners.