Author
Author

Albert J. Pucciarelli, Esq.

Albert J. Pucciarelli, Esq.

Albert Pucciarelli is a partner at the law firm of McElroy, Deutsch, Mulvaney & Carpenter, LLP and heads the firm’s Hotels, Resorts and Aviation practice group. His law practice is concentrated in the areas of hotel and resort development and operations, as well as aviation law, general corporate law and real estate law. His experience extends to all aspects of hotel and commercial real estate development and financing. Albert was Executive Vice President, General Counsel and Secretary of InterContinental Hotels Group (IHG) with over 200 hotels in 70 countries. He has served as Chair of the Hotels, Restaurants and Tourism Committee of the Association of the Bar of the City of New York (2001-2004) and is a Director and past President of the Hospitality Industry Bar Association. He has taught International Business Law as an adjunct professor at the Fordham University Graduate School of Business and was a member of their Advisory Board (1996-2004). Mr. Pucciarelli offers services in hotel and resort development, legal aspects of hotel operations; litigation support, expert witness testimony, and alternate dispute resolution. Albert is a consulting member of Cayuga Hospitality Consultants.

Insights by Albert J. Pucciarelli, Esq. (3)

What’s Negotiable in Hotel Management Agreements?

Having represented management companies and owner/developers in projects ranging from five-star mixed-use luxury branded resorts to limited-service highway franchised hotels, I have had the opportunity to work on many branded management agreements, third-party management agreements (non-branded) and franchise agreements.

Hotel Management Agreements: Key Business Terms at the LOI Stage

Is an LOI legally binding? The general rule: look to the language of the LOI to determine if the parties intend to be bound to all or some portions of the LOI. Most litigation regarding the enforceability of LOIs arises because the parties did not clearly reflect their intention concerning enforceability.

Hotel Management Agreements: Incentive Fee – The Stuff of Negotiation

Hotel management agreements among the large branded management companies follow what by now has become the standard formulation for fees, at least before the negotiation commences. The base fee and incentive fee are now well known in the industry and expected as the starting points in most manager-owner negotiations.
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