Attorneys in Epstein Becker Green’s Construction and Real Estate Litigation practice have extensive experience litigating disputes involving a wide range of construction and real estate-related matters. Our attorneys draw upon their extensive knowledge of the construction and real estate industries and their clients’ businesses when crafting the most practical and cost-efficient strategies to resolve a construction or real estate dispute successfully. We first explore non-litigious options for resolving the dispute, such as negotiation, settlement, or mediation. When litigation becomes inevitable, our attorneys serve as effective advocates for our clients' interests in federal and state courts, in arbitration proceedings, and before administrative boards and myriad federal, state, and local government bodies.

Our Services

  • Construction Disputes. In the area of construction law, our clients include both public and private sector commercial and institutional building owners, developers, design professionals, sureties, contractors, suppliers, and persons seeking their services. We litigate a wide range of construction-related matters, such as:

    • Adjoining landowner disputes
    • Americans with Disabilities Act, Occupational Safety and Health Administration, and Federal Housing Administration violations
    • Breach of warranty disputes
    • Catastrophic building system failures
    • Concealed and differing site conditions
    • Construction workmanship defects
    • Construction-related environmental and toxic tort claims
    • Default, termination, and surety matters
    • Delay, disruption, acceleration, and time impacts
    • Design changes, deficiencies, and defects
    • Insolvency and bankruptcy of parties in the construction chain
    • Insurance coverage issues
    • Lien, bond, and contractual payment claims
    • Permitting and regulatory issues
    • Protection of contractors’ trade secrets and data rights
    • Public bidding matters, such as bid protests, contractor qualifications, and debarment
    • Wrongful death actions

  • Real Estate Disputes. In the area of real estate law, we concentrate on disputes involving mixed-use developments, large construction, and health care real estate. We represent buyers, sellers, developers, lenders, borrowers, landlords, tenants, managing agents, investors, title companies, brokers and agents, mortgage companies, and mortgagees with regard to such matters as:

    • Administrative code and safety violations
    • Brokerage commissions disputes
    • Claims arising out of escrow agreements
    • Condemnation cases
    • Contract disputes in major rehabilitation, renovation, and construction projects
    • Demolition and construction disputes
    • Disputes involving the development and management of large-scale commercial, residential, and mixed-use projects and medical facilities
    • Disputes over real estate purchase agreements and options, including actions for money damages and to compel performance
    • Eminent domain disputes
    • Environmental issues, including property contamination and clean-up
    • Insurance disputes, including title insurance claims
    • Landlord-tenant disputes
    • Mortgage foreclosure actions
    • Premises liability actions
    • Property tax cases and tax-exemption issues, including tax assessment proceedings
    • Real estate syndication and partnership disputes
    • Receiverships and related proceedings
    • Title issues, including disputes over boundary lines, access, easements, licenses, and adverse possession
    • Secured transaction claims
    • Zoning and other land use disputes, including development entitlements and permits