Hotel Management Agreements

Posted On: May 1, 2008 by Jim Butler

Hotel Attorney on Hotel Management Agreements. How to get the right hotel operator: part 3

The Hotel RFP Process: 5 Factors that determine what your RFP looks like.
16 Steps to a successful RFP Process
By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
1 May 2008

Hotel Attorney on Hotel Management Agreements. How to get the right brand and operator for your hotel project . . . and a deal you can live with -- The Hotel RFP Process.

In the last few articles here at www.HotelLawBlog.com, I have been sharing some of the important lessons our hotel attorneys in the JMBM Global Hospitality Group® have learned about hotel management agreements over more than $50 billion of hotel transactions, involving more than 1,000 properties. While it may be an exaggeration to say that "JMBM wrote the book on hotel management agreements," we certainly know the area and have at least written a few chapters in that book.

In parts 1 and 2 of this series, we covered:

* How the terms of your hotel management agreement can easily raise or lower the nominal value of your hotel by 25% or more

* The 5 biggest mistakes owners make in pursuing hotel management agreements (and how to avoid them)

* What's a Hotel RFP and what shapes it.

In case you missed our earlier discussion, please see "How to get the right hotel operator - part 1" and "How to get the right hotel operator - part 2." You will find it with some other great Hotel Management Agreement resources under the topic by that name here at www.HotelLawBlog.com.

Let's return now to the Hotel RFP process ...

Continue reading "Hotel Attorney on Hotel Management Agreements. How to get the right hotel operator: part 3" »

Posted On: April 29, 2008 by Jim Butler

Hotel Attorney on Hotel Management Agreements. How to get the right hotel operator: part 2

The Hotel RFP Process: How to create value
By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
29 April 2008

Hotel Attorney on Hotel Management Agreements . How to get the right brand and operator for your hotel project . . . and a deal you can live with -- The Hotel RFP Process.

Recently, I talked about some important lessons our hotel attorneys in the Global Hospitality Group® have learned about hotel management agreements -- lessons learned in the course of working on more than $50 billion of hotel transactions involving more than 1,000 properties all over the world. Specifically, we looked at

* How the terms of your hotel management agreement can easily raise or lower the nominal value of your hotel by 25% or more

* The 5 biggest mistakes owners make in pursuing hotel management agreements (and how to avoid them)

In case you missed our earlier discussion, please see "How to get the right hotel operator - part 1". You will find it with some other great Hotel Management Agreement resources under the topic by that name at www.HotelLawBlog.com.

One of the keys we discussed to maximize the value (and avoid the common pitfalls) is the Hotel RFP Process. What is it? What are the steps that should be included in every RFP? Where do you get the form or checklist? What kind of assistance do you need? Here are the answers that may save you a lot of money!

Continue reading "Hotel Attorney on Hotel Management Agreements. How to get the right hotel operator: part 2" »

Posted On: April 29, 2008 by Jim Butler

Hotel Attorney: Ritz-Carlton Bali hotel management agreement termination further court order

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
29 April 2008

Hotel Attorney on hotel management agreements and operator breach of duty. U.S. District Court confirms that Owner of the Ritz-Carlton Bali can terminate long-term, no-cut management agreement without penalty.

As of April 29, 2008, the Federal District Court in Maryland issued an order ruling on various post-trial motions of our client, the owner of the Ritz-Carlton Bali. The details of this owner-operator dispute have been previously covered here at www.HotelLawBlog.com, but today was the latest development in this struggle.

Here's what the court said.


Continue reading "Hotel Attorney: Ritz-Carlton Bali hotel management agreement termination further court order" »

Posted On: April 21, 2008 by Jim Butler

Hotel Attorney on Hotel Management Agreements. How to get the right hotel operator: part 1

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
21 April 2008

Hotel Lawyer on hotel management agreements. Long-term, no-cut hotel management agreements: How to get the right brand and operator for your hotel project . . . and a deal you can live with.

The successful matching of a hotel brand and operator with an asset and its owner is an important determinant of the financial and operational success of a hotel project. Aside from the right "marriage" partners, the terms of the management contract tying them together is critical, because it will likely govern the relationship for decades and is hard to change once cast.

Question: What's more important for your hotel project than getting the "right" brand and operator?

Answer: Not much! Finding the right operator or brand for your project -- and achieving reasonable terms -- can make a significant and positive impact in key areas: value, financing, and operational success.

So how do you do that?

Continue reading "Hotel Attorney on Hotel Management Agreements. How to get the right hotel operator: part 1" »

Posted On: February 5, 2008 by Jim Butler

Hotel Lawyer -- How to terminate a hotel management agreement when an operator really deserves it!

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com

5 February 2008

Hotel Lawyer on how to terminate a hotel management agreement when an operator really deserves it. The love-hate relationship between hotel owners and operators is as old as the institution of hotel management arrangements (going back to the 1970s). A good hotel operator can add up to 25% to the value of a hotel. A bad one can subtract the same amount or even more. In 20 years of focusing on the hotel industry, and specializing in representing hotel owners, developers and lenders in more than $50 billion of hotel transactions involving more than 1,000 hotels around the world, we have seen a lot of eager owners anxious to sign up with a big hotel brand, thinking that was the end of their worries. Often it is.

Often it is NOT. . .

But hotel owners don't come to hotel lawyers to tell them how happy they are with a hotel operator. They either come to hotel lawyers to get help in signing up a hotel operator, or to complain about the unbearable financial pain caused by the incompetence, dishonesty and arrogance of their hotel operator. Sometimes the complaints are well-grounded and justify the termination of the long-term hotel management agreement, and perhaps even millions of dollars of compensatory and punitive damages. (See for example, the experience of our client in Ritz-Carlton breached contractual and fiduciary duties . . . When will hotel operators "get it"?).

[And for a wealth of related articles, see the "Hotel Management Agreement" topic on Hotel Law Blog.]

Continue reading "Hotel Lawyer -- How to terminate a hotel management agreement when an operator really deserves it!" »

Posted On: February 1, 2008 by Jim Butler

Hotel Lawyer: Ritz-Carlton breached contractual and fiduciary duties under hotel management agreement giving rise to free termination, $10.3 million in damages plus attorneys fees. When will hotel operators "get it"?

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
1 February 2008

Hotel Lawyer on hotel management agreements and operator breach of duty. It may be an exaggeration to say that "JMBM wrote the book on hotel management agreements," but we certainly know the area and have at least written a few chapters in that book. We have been helping owners, developers and lenders with many hundreds of hotel management agreements over the past 20 years. We have negotiated, re-negotiated, terminated and litigated almost every aspect of them, so the only thing surprising about the latest jury verdict handed down on January 25, 2008 against Marriott International and Ritz-Carlton is that it shows a continuing disconnect of operators who choose to ignore their contractual and fiduciary duties. (Search "Management Agreements" at www.HotelLawBlog.com)

In this case, one of our clients owned the Ritz-Carlton Bali which was managed under a typical long-term, no-cut management contract. A few days ago, after a 3 week trial, a jury sitting less than 10 miles from Ritz-Carlton's home office ruled that the management contract was breached by Marriott International and Ritz-Carlton, giving the owner the right to terminate the contract, awarding $382,304 in compensatory damages, $10 million in punitive damages, plus attorneys fees and costs to the owner. The Wall Street Journal published an article today by Tamara Audi on the case. How does this happen?

Continue reading "Hotel Lawyer: Ritz-Carlton breached contractual and fiduciary duties under hotel management agreement giving rise to free termination, $10.3 million in damages plus attorneys fees. When will hotel operators "get it"?" »

Posted On: March 19, 2007 by Jim Butler

Helping Owners Strike a Fair Deal: 5 Milestones Marking The Road To Success For Hotel Management Agreements

by Jim Butler and Robert Braun
19 March 2007

In order to consummate any substantial business transaction, there are inevitably some "challenges" to overcome. Hotel management agreements are no exception: in part because of their complexity, and in part because hotel management agreements typically transfer effective control over valuable assets for several decades, and their terms can easily enhance -- or diminish -- the value of hotel by a staggering amount.

Continue reading "Helping Owners Strike a Fair Deal: 5 Milestones Marking The Road To Success For Hotel Management Agreements " »

Posted On: January 3, 2007 by Jim Butler

Hotel Lawyer -- Top Picks for 2006

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
3 January 2007

Hotel Lawyer -- Top Picks of 2006. Yes, 2006 has been a record year for many in the hospitality industry, and for the hotel lawyers at Jeffer, Mangels, Butler & Marmaro LLP. As we have already given our Outlook for 2007, we thought it might be interesting to look back on our Top Pick articles from 2006 from www.HotelLawBlog.com.

The Top Picks articles are organized by the major TOPICS on the Blog. We generally tried to select just the top two or three articles for each TOPIC. It was a major struggle to decide where to make the cutoff. If you want more information on a particular TOPIC, you can go to www.HotelLawBlog.com, and search for all articles on that TOPIC. To do that, just scroll down the right hand side, and below the (free) subscription and RSS Feed buttons is the Browse search engine that enables you to sort by TOPIC (or date, or key words, etc.).

Here they are . . .

Continue reading "Hotel Lawyer -- Top Picks for 2006" »

Posted On: December 12, 2006 by Jim Butler

Hospitality Lawyer on hotel brands -- How far will the pendulum swing? What's in a name? Just ask Starwood, Hilton . . . Coca-Cola or Procter & Gamble

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
12 December 2006

Hospitality Lawyer on the power of hotel brands. A rose by any other name may smell as sweet. But does a Trump by any other name sell out as fast? Does a Four Seasons by any other name get a $3.7 billion bid from Bill Gates and the Prince?

What's a brand? It is not always so easy to determine. Yesterday, I talked about how Donald Trump is more than "just" a very successful developer. He has developed a powerful BRAND with legs." But are all brands the same? Should they be? What makes a successful brand -- for an owner or developer?

Continue reading "Hospitality Lawyer on hotel brands -- How far will the pendulum swing? What's in a name? Just ask Starwood, Hilton . . . Coca-Cola or Procter & Gamble" »