Real Estate and Construction Litigation

Real Estate Litigation

We provide representation in the full range of real estate disputes, involving

  • Fraud and racketeering.
  • Earnest money, escrow, and deposits.
  • Material non-disclosures.
  • Unwinding agreements.
  • Condemnation.
  • Property development matters.
  • Land use, zoning, and easements.
  • Misrepresentation.
  • Commercial and industrial leases.
  • Property management agreements.
  • Title insurance.

As part of a full-service firm with 10 offices around the country, we can also draw on the legal and industry knowledge of attorneys in nearly every area of legal practice. When deal-threatening disputes arise, our clients know that we have the resources and the experience to help them reach their objectives.

Representative Matters

  • We represented a limited partnership in a real estate fraud complaint against a prominent Arizona land broker. Following a two-week trial, our client won a $1.4 million RICO treble-damages verdict.
  • On behalf of a Texas-based commercial lessor, we pursued a $16 million breach of lease lawsuit against the anchor tenant of one of our clients’ high-rise buildings. After the court granted our motion for summary judgment, we negotiated a multimillion-dollar settlement on terms favorable to our client.
  • We represented a limited liability company involved in the development of a 1,900-acre parcel, in its effort to sever its relationship with a development partner. Following two arbitration hearings, the arbitrator agreed with our client’s claim that the partner should be terminated from the company, and awarded our client the sole right and authority to manage the development project.
  • We successfully defended a national title insurance company in an action brought by a group of homeowners alleging breach of contract, fraud, failure to disclose, and abstractor’s negligence.
  • We represented a national pension trust in the defense of a zoning case brought by property owners adjacent to a resort owned by our clients. The case was dismissed on motion within a few months after the complaint was filed.
  • In a case involving prescriptive easement claims, we defended four major homebuilders in a lawsuit brought by the operators of a nearby horse-riding operation. We were able to settle the case for a modest sum, and the plaintiffs relinquished their claims before the trial was to begin.
  • We successfully represented a major developer of retirement communities against an effort to halt the development of a 15,000-acre project.
  • We defended a national real estate firm and two of its salesmen in a zoning case in which a buyer claimed misrepresentation and fraudulent omissions in connection with the sale of a 100-acre parcel. Following discovery, we were able to settle on terms favorable to our client.