Introduction
The data center market is moving at hyper-speed (pun intended). Data center developers, hyperscalers, and others are racing to acquire land, secure power, and deliver capacity as soon as possible. We view them as real estate deals on steroids.
This is the first post in a series looking at data center development through the real estate legal lens, focusing on development-side considerations. Over the course of the series, we’ll cover site control and diligence (this post), tenant lease structuring (and the operational covenants required of the developer that tie everything together), a deeper dive into power, and construction contracts and delivery requirements.
Typical Transaction Structure