Construction and Real Estate Disputes and Litigation
Despite even the best planning, disputes can arise during a project. More often than not, these disputes call for immediate action. Our Team understands that every day on a jobsite impacts the next, and time is always of the essence. When dealing with these disputes, we take into account the present, with an eye towards mitigating any potential problems down the road.
We are also mindful that business relationships between lenders, owners, contractors, subcontractors, and others are in play on every project. With that in mind, our goal is always to reach a resolution that best effectuates your interests—and in many instances that is not litigation. However, when an amicable resolution is not an option, our Team of seasoned trial attorneys has extensive experience litigating and recovering damages on behalf of our clients throughout litigation, arbitration, at trial, and on appeal, including matters such as:
Breach of Contract
Because of the nature of the industry, breaches of contract are common place in the construction and real estate world. Whether it’s a disagreement on payment, scope of work, project time frame, a change order, or anything in between, these disputes are often an inevitable part of a project or development. While we take every effort to avoid these disputes or resolve them without litigation, our Team routinely takes cases through arbitration, trial, and on appeal both at the state and federal level. When these claims are litigated, we attempt to achieve client goals in the most cost effective matter—including seeking the recovery of attorney’s fees and costs.
Mechanics Lien Foreclosure
Navigating the numerous requirements associated with preparing and recording a proper mechanic’s lien claim can be a difficult and complicated process, especially when failure to do so can result in complete dismissal of your rights to recover. We work with general contractors, subcontracts, architects and engineers to prepare the proper notices and record mechanics’ liens.
When a mechanic’s lien is recorded on a property, we work with clients to negotiate a resolution that limits costs and impacts on a project or development. However, when an amicable resolution is not possible, our Team of experienced lawyers are prepared to litigate mechanic’s lien foreclosure actions on behalf of owners, lenders, developers, contractors, or subcontractors through trial and appeal if necessary.
Construction Defect
When a construction defect issue arises on a project, addressing the problem is almost always time sensitive given the resulting impacts on the project schedule, owner, and other contractors. That said, both owners and contractors need to tread carefully in these situations to avoid impacting their rights to recover under the contract. Because every construction defect issue is distinct, our attorneys look at each matter on a case by case basis in order to evaluate the best possible approach. Our Team is well-versed in litigating these disputes, tailoring our strategy to each situation in order to achieve the desired outcome for our clients.
Fraud
Unfortunately, fraud is an all too common occurrence in the real estate and construction industry. Whether it’s a contractor submitting false pay applications or the diversion of project or development funds, our Team of seasoned trial lawyers are well versed in litigating fraud claims at both the state and federal level.
Slander of Title
Civil Conspiracy
Breach of Warranty
Unjust Enrichment
Quantum Meruit
Accounting
Shareholder Disputes & Oppression
Title Disputes
Owner, General Contractor, and Subcontractor Disputes
Partnership Agreement Disputes
Bond Claims
Real Property Claims
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Our Team serves as both attorney and advocate for owners, investors, developers, and contractors. From financing and purchase through development, disputes, and sale, we provide the legal insight and advocacy needed to protect your interests and move your projects forward.
