The lawyers representing you in real estate or construction litigation should have excellent litigation skills. Just as importantly, they should be familiar with both the business environment in which you operate and the technical side of your industry.
In real estate litigation, for example, your lawyer should understand the structure of development deals, the various types of financing arrangements, and the costs and benefits of different strategies for collecting debts and recovering collateral or defending against claims of creditors.
In construction litigation, your lawyer should understand the allocation of risks and the different types of construction agreements among owners, contractors, subcontractors, and design professionals.
Garvey Schubert Barer lawyers have both the litigation skills and the industry understanding needed to obtain favorable results for real estate and construction litigation clients. Our successes have earned us a reputation as a leading law firm in these matters.
Real Estate Litigation Services and Clients
We have represented clients in virtually every type of real estate litigation. That includes representing lenders in foreclosures, both judicial and nonjudicial, and helping clients analyze the risks and advantages of bankruptcy. We have obtained title to real property securing construction and land loans by foreclosures and deed-in-lieu agreements.
In addition, our litigation services include disputes involving rescission, specific performance of earnest money agreements, partnership disputes, adverse possession claims, unlawful detainer proceedings, condemnation, partition and workouts.
Construction Defect Litigation Services and Clients
We defend clients in both commercial and industrial construction defect cases. Some cases solely involve claims of economic loss. Other cases also involve claims that defects caused personal injury or death. We have the expertise and resources to skillfully handle these cases, even the largest ones.
Often, our clients are major contractors and engineering firms. We also represent construction managers. For instance, we represented a construction management firm overseeing construction of a large parking structure in Portland that collapsed and killed four iron workers. We helped our client get dismissed from the case by settling for a very nominal sum.
In a recent case, we achieved a complete dismissal for a major engineering firm sued for the asbestos-related death of a worker from one of the client's electric generating plant construction projects.
When you need excellent legal services for a real estate or construction litigation matter, consider drawing on the experience and expertise of Garvey Schubert Barer.
Successful defense of a seller accused of fraud in $41 million sale of Lynnwood data center to ByteGrid, a national operator of data centers.
City of Harrisburg v. Ellen Leigh, 254 Or. App. 558, 295 P.3d 138 (January 16, 2013) Linn County Circuit Court Case No. 082737; Oregon Court of Appeals Case No. A144466
Represented the property owner in a condemnation case wherein the City of Harrisburg failed to compensate the property owner for a well that the City had installed on her property without her permission. The City condemned the property after the well had been installed on the property. The Oregon Court of Appeals affirmed Ms. Fraser’s legal argument that on the date of the condemnation, the City had no right, title or interest in the property and Ms. Leigh should be compensated for the well improvement on the property.
- Obtained a jury verdict in New York State Court after a three day trial awarding a full real estate brokerage commission to a commercial real estate broker
Obtained a jury verdict in New York State Court after a three day trial awarding a full real estate brokerage commission to a commercial real estate broker notwithstanding the argument that, among other things, the tenant procured by the broker never paid rent and was shut down soon after possession was tendered for health code violations.
- Defeated a motion for a preliminary injunction brought by a laundry service provider attempting to enforce an automatic renewal clause
Defeated a motion for a preliminary injunction brought by a laundry service provider attempting to enforce an automatic renewal clause in an agreement between the laundry service provider and the owner of a residential multi-family building successfully arguing that the automatic renewal clause could not be invoked because the agreement was a license rather than a lease and the failure to provide a timely notice of the automatic renewal in accordance with General Obligation Law 5-903 negated the renewal.
- Successfully represented two limited partners claiming breach of fiduciary duty against their general partner
Successfully represented two limited partners claiming breach of fiduciary duty against their general partner, a national real estate developer, resulting in a favorable settlement for the clients.
- Regularly counsel and troubleshoot for commercial real estate brokers and salesmen involved in the rental and sale of commercial real estate
Regularly counsel and troubleshoot for commercial real estate brokers and salesmen involved in the rental and sale of commercial real estate including, but not limited, the negotiation of exclusive agreements, landlord/owner brokerage agreements and landlord/leasing agent/outside broker co-brokerage agreements
- Obtained summary judgment in New York State Court for a full real estate brokerage commission owed to a commercial real estate broker
Obtained summary judgment in New York State Court for a full real estate brokerage commission owed to a commercial real estate broker after the landlord entered into a lease with a tenant introduced by the real estate broker client to the landlord during the term of the broker/client's exclusive representation, but after the exclusive term expired, successfully arguing that the extension clause in the exclusive brokerage agreement entitled the broker to its full commission.
News & Events
- GSB Press Release, 8.5.13