Kevin M. McLain

I take on client problems as if they were my own.

Contact: P /612.604.6563E /[email protected]

Administrative Contact: Stephanie Francis P /612.604.6728E /[email protected]

Education

William Mitchell College of Law, J.D., magna cum laude, 2007

CALI Award recipient for Construction Law
CALI Award recipient for Advanced Evidence
CALI Award recipient for Alternative Dispute Resolution
CALI Award recipient for Creditor / Debtor
Burton Award Nominee

University of St. Thomas, B.S., Economics, summa cum laude, 2003

University of St. Thomas, B.A., Business, summa cum laude, 2003

Bar Admissions

Minnesota, 2007

My Approach

I represent clients on all sides of real estate development and tax credit syndication transactions, including developers, tax credit investors, credit syndicators, tax credit bridge lenders, mortgage lenders, and construction contractors involved in all types of real estate development projects, ranging from historic rehabilitation, affordable housing, senior housing, commercial/industrial, and even renewable energy facilities. I draw on all my past experience, including working for several years as in-house counsel for a large construction company, to look at challenges that arise on projects from many different angles, and I use my perspective to find solutions that get deals done.

I aim to develop close relationships with my clients, to understand how their businesses work, and to make sure that their goals are met in everything I do. Having previously worked in-house on the receiving end of legal bills, I also have some perspective concerning focusing my legal work on what is needed to achieve my client’s goals as efficiently as possible, and ensuring deals close as smoothly as possible.

The best part of my role, aside from the close relationships I am able to develop with my clients, is seeing the tangible impact that my client’s efforts have on the communities they work in. Every transaction I work on transforms a piece of real estate, and sometimes even the broader community, into something better. I’m thankful that my clients allow me a small part in making these deals happen.

Outside of my legal work, I enjoy spending my time with my wife and being dad to my energetic daughter and son. As a native of Duluth, MN, I try to embrace our “tough” northern climate with outdoor activities year-round. I enjoy downhill skiing, running, and cheering on any of our Minnesota professional sports teams.

A Groundbreaking Moment in My Career

In 2014, I had the opportunity to represent CommonBond Communities in connection with its efforts to redevelop historically significant, but abandoned structures at Fort Snelling (in the Twin Cities) into affordable housing specifically serving homeless U.S. military veterans. There were so many complexities in all aspects of the project (real estate, financing, tax credit syndication, etc.), but with the collective willpower and effort of so many different businesses, government, and non-profit groups, it was amazing to see this project come together. I’ve assisted clients with several complicated projects, but this was among the most complex I’ve seen, and had the most energy put in to make a difference for all the right reasons. Everyone who worked on this transaction was proud to be a part of it, and I am thankful that I was able to assist.

Practice Areas

Practicing Tax Credit Financing & Syndication

My Experience

I represent clients in a range of matters involving commercial real estate development, tax credit syndication, financing, and construction including:

Representing real estate developers, tax credit investors, and lenders in projects financed with Federal and State Historic Rehabilitation Tax Credits;
Facilitating multifamily housing developments using the Low Income Housing Tax Credit;
Negotiating complex real estate financing transactions involving loan and grant programs administered by federal, state, and local governments, including HUD and FNMA loans;
Negotiating construction contracts on large commercial projects;
Resolving complex construction disputes involving all parties involved in the construction process (owners, general contractors, subcontractors, architects, etc.).

Representative Matters

Represented federal and state historic tax credit equity bridge lender in creation of new bridge loan program, and have closed over $100,000,000 in loans;
Represent syndicators and direct investors of federal historic and state historic tax credits, ranging from long-time industry participants to regional banks doing their first tax credit transaction;
Represent developers in all aspects of real estate low income housing tax credit and federal historic tax credit transactions, both inside Minnesota and across the U.S.;
Represent senior housing developer in connection with new construction senior housing projects in the Twin Cities (conventional and TIF financing, without tax credits);
Represent both owners and contractors in negotiation of general contract/construction management agreements, and negotiation of subcontracts and material contracts for furnishing of labor/materials to commercial construction projects in all industries (e.g., housing, commercial, manufacturing/industrial, and solar power generation facilities);
Represent clients in resolution construction contract disputes.

Also experienced in

Construction & Real Estate Litigation

Real Estate Development & Transactions

Renewable Energy Development & Construction

Honors & Awards

Real Estate Law, 2023-2025
Construction Law, 2024-2025
Litigation - Real Estate, 2024-2025

Associations & Memberships

Minnesota State Bar Association

Winthrop & Weinstine, P.A.

Community Service Committee