In the development, ownership, and management of large-scale commercial, residential, mixed-use projects, and medical facilities, disputes can arise regarding everything from financing to construction to tenancy. Our Construction and Property Management Litigation team brings broad industry experience to finding fast, cost-efficient ways to end disputes, often without litigation. When litigation is the only option, we are zealous, effective advocates in federal, state, and local courts and before arbitral panels and administrative bodies.
In construction, time is money. Each year, unresolved disputes cost hundreds of millions of dollars in opportunities, lost profits, and penalties. Our accomplished team helps commercial and institutional building owners, developers, design professionals, sureties, contractors, and others find solutions to end construction disputes and move on.
We resolve or litigate health care construction disputes as well as matters involving clients across industries, including adjoining landowner disputes, construction workmanship defects, negligence claims, breach of contract claims, including breaches of warranties, construction-related environmental and toxic tort claims, and wrongful death actions. Clients also turn to us to handle Americans with Disabilities Act and OSHA violations, bid protests, and concealed and differing site condition claims.
General Real Estate Disputes
Even the most carefully crafted and executed real estate transactions and agreements are not immune from litigation. When disputes arise, owners, developers, REITs, management companies, real estate investors, brokers and agents, landlords, and large commercial tenants trust our skilled litigation team to achieve their goals. Our team represents clients in land use and zoning disputes, partnership disputes, condemnation proceedings, title claim litigation, and the resolution of other general real estate disputes. We stand ready to fight our clients’ case at trial when an early resolution is not possible.
Commercial Lease Disputes
In commercial lease disputes, taking a strong stance in litigation can be vital to reducing a party’s risk of loss. We have deep experience representing commercial landlords, tenants, and lenders in commercial lease disputes involving the nonpayment or escalation of rent, lease violations and defaults, holdovers, lease expiration and termination, ground leases, capital improvements, and improper subleasing, among other issues. Clients benefit from our knowledge of both the nuances of laws governing commercial leases across jurisdictions and the procedural requirements in different localities.
Litigation can also arise from the financial aspects of commercial real estate transactions. We have extensive experience with mortgage foreclosure actions, loan restructurings, and workouts. Clients also look to us to handle matters involving brokerage commission disputes, claims arising out of escrow agreements, and other disputes regarding financial arrangements.
- Secured the eviction of a commercial holdover tenant, successfully utilizing the Supreme Court of New Jersey’s temporary Order to Show Cause mechanism allowing for commercial evictions in emergent circumstances during what was otherwise a moratorium on evictions and a suspension of landlord/tenant trials in New Jersey following an executive order by the governor.
- Secured a trial victory for major commercial real estate owner in a dispute over a leasing representative’s commissions. After proving the plaintiff misinterpreted her offer letter and commission agreement and that she was paid fairly, we recovered more than $400,000 attorneys’ fees for our client.
- Represented a medical practice in New York Supreme Court in dispute with landlord over alleged breaches of the lease and obtained dismissal of $1 million counterclaim.