KBA has dealt with almost every kind of lease misinterpretation and billing error imaginable.

Operating Expenses

• Pro rata share miscalculations
• Base year inadequacy
• Expense stop inadequacy
• Charging of excluded costs
• Improper charging of capital expenditures
• Incorrect calculation of savings for allowable cost-saving capital items
• Misallocation of costs among buildings
• Failure to bid service agreements
• Charging above-market fees for non-arms-length services
• Excessive management fees
• Inclusion of profits for building materials
• Improper allocations of expense pools
• Marketing fund charges
• Excessive administrative fees
• Improper calculation of association dues
• Improper inclusion of unrelated costs

Base Rent

• Per square foot rent miscalculations
• CPI miscalculations
• Rent commencement errors

Space Measurement

• Improper inclusion of vertical penetrations
• Use of incorrect BOMA standard for the building’s classification
• Improper inclusion of exterior building areas
• Measurement to incorrect interior surface
• Mismeasurement of rentable and common areas

Real Estate Taxes

• Failure to apply tax refunds
• Failure to pursue tax certiorari consistently from year to year
• Improper inclusion of personal property taxes
• Improper inclusion of income taxes
• Failure to properly account for costs of tax professionals

Electric and Other Utility Charges

• Misapplication of rates
• Use of incorrect rate schedules
• Addition of surcharges to utility costs
• Wiring of meters to unrelated spaces
• Misreading of meters
• Miscalculation of multipliers
• Incorrect assumptions as to usage
• Incorrect counting of equipment for surveys
• Failure to properly notify tenant of survey results
• Excessive charges for chilled water and condenser water.