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.
Represented Chapter 11 Debtor with approximately $13 million in debt and obtained confirmation of plan after contested confirmation hearing allowing debtor to reorganize and continue selling high-end condominiums alongside Oregon’s Willamette River.
Represented business in a Chapter 11 case where debtor is one of the top cabinetry companies in Central Oregon for both commercial and residential construction; obtained confirmation of plan after negotiations with secured creditor/former shareholder and governmental authorities.
Represented developer in Chapter 11 proceeding involving a private condominium and marina project. Successfully defended judgment creditor's motion for relief from stay and obtained an order confirming Chapter 11 plan allowing debtor to refinance and redevelop the property for high-end apartments.
Represented Receiver (prior to Oregon Receivership Code) and successfully defended Receiver’s right to sell commercial property, comprising three gas stations and convenience stores, for the benefit of interested parties.
Represents creditors in Chapter 11 proceedings and all types of bankruptcy and litigation to protect their interests in commercial collateral, including real property, fixtures and associated personal property.
Represented an entertainment establishment in negotiating the construction contract for a major renovation and expansion project.
Represented a food manufacturer in reviewing a $50 million construction contract.
Reviewed construction contract for a retail store renovation project.
- Construction and development of non-profit organization’s headquarters and community center in Texas
Represented a non-profit organization in the construction and development of its headquarters and a community center in Houston, Texas.
Represented U.S. architecture firms in connection with negotiating design service contracts with Chinese developers for projects in various Chinese cities.
Represented a state-owned Chinese company to negotiate a construction license agreement with the neighboring owner of a large hotel project in New York City.
Represented an interior design firm in negotiating numerous interior design contracts with several hotel owners and operators.
Represented various architecture firms in drafting and negotiating design agreements.
Represented a non-profit corporation in New York City in connection with an access license agreement related to the neighboring building’s renovation.
Represented a regional bank in a $12 million construction loan for the development of an affordable housing project in New York state.
Represented the owner of a Holiday Inn Express franchise in Oregon in negotiating and preparing an AIA design-build agreement with an architect/contractor for a multi-phase project that included the replacement of siding and windows. Extensive negotiations included provisions for liquidated damages for late delivery of work and coordination of work to minimize interference with hotel operations.
- Represented a well-established architectural firm tenant
Represented a well-established architectural firm tenant in negotiating leases for more than 20,000 square feet of office space, while terminating existing lease in different building to ensure a smooth transition.
- Counsel to a renowned sculptor
Counsel to a renowned sculptor in connection with his $3 million purchase of commercial property in Brooklyn, New York, in an installment sale/purchase money financing (subsequently converted to a mortgage).
- Represented a Hong Kong executive
Represented a Hong Kong executive in his purchase of a four-bedroom condominium in the new Apthorp development.
- Represented a high net-worth Chinese individual
Represented a high net-worth Chinese individual in her purchase of a $10 million residential property on the North Shore of Long Island, New York.
- Oversaw the sale and purchase of residential properties for a famous actor
- Sale of a residential building with multiple rental leases
Handled the $5 million sale of a residential building with multiple rental leases in midtown Manhattan.
- Served as outside counsel for a famous architectural firm (including drafting and negotiating several multi-million dollar contracts in China)
Assisted in obtaining a judgment enforcing CC&Rs to prevent subdivision of lot after a bench trial.
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
- Stacy Marchesano and Greg Duff Moderated Two Panel Sessions at Bisnow Summit on How the Hot Seattle Tourism Market Is Impacting the Hotel IndustryGSB Newsroom, 2.25.19
- Larry Brant Quoted in the Portland Business Journal About Importance of Proper Due Diligence in Qualified Opportunity Fund InvestmentsPortland Business Journal, 2.8.19
- GSB Newsroom, 1.2.19
- Andy Goodman Honored With Peter Perlman Service Award at Litigation Counsel of America (LCA) 2018 Fall ConferenceGSB Newsroom, 11.13.18
- 28 GSB Attorneys Named to The Best Lawyers in America® 2019 List; Two Portland Lawyers Named ‘Lawyer of the Year’GSB Newsroom, 8.15.18
- GSB Newsroom, 3.6.18
- GSB Newsroom, 11.1.17
- GSB Newsroom, 8.31.17
- GSB Press Release, 8.5.13
- Short-Term Rental Update: Seattle once again delays registration deadline for short-term rental operators; Airbnb stays eclipse top seven hotel chains combinedNorthwest Real Estate Forum , 9.13.19
- Short-Term Rental Update: Sonder now worth $1 billion after its latest funding round; commercial tax rate could quadruple short-term rental tax billsNorthwest Real Estate Forum , 7.26.19
- Short-Term Rental Update: Airbnb goes luxe; The Plum Guide aims to become the Michelin Guide for the short-term rental world; short-term rental opportunities expand in Seattle with the approval of accessory dwelling units by the CityNorthwest Real Estate Forum , 7.15.19
- Short-Term Rental Update: Disney works its magic for short-term rentals; Airbnb educates Seattle's short-term rental communityNorthwest Real Estate Forum , 6.24.19
- Short-Term Rental Update: Airbnb poised for a reprieve in the EU; Guesty offers innovative and more streamlined tools for property management side of short-term rentalsNorthwest Real Estate Forum , 5.17.19
- Short-Term Rental Update: Short-term rental operator Lyric raises $160m; Fannie Mae-backed mortgages allowed for short-term rentals; City of Seattle enforcement delayedNorthwest Real Estate Forum , 5.2.19
- Short-Term Rental Update: Airbnb argues about City of Boston's short-term rental ordinance; AirDNA expands footprint of rental data; Google's hotel search adds short-term rentalsNorthwest Real Estate Forum , 4.18.19
- Short-Term Rental Update: HomeAway and Airbnb lose the battle against Santa Monica; Blueground gains tractionNorthwest Real Estate Forum , 3.22.19
- Short-Term Rental Update: Short-term rentals continue to gain market share; partnering early in the multifamily development process; New York City continues to battle AirbnbNorthwest Real Estate Forum , 3.7.19
- Puget Sound's Increase in Development, Investment & Supply Panel Discussions at Bisnow's 2019 Pacific Northwest Hotel SummitDuff on Hospitality Law, 3.6.19
- Short-Term Rental Update: Startup Recharge's ultra-short-term rental stays; the City of Victoria in British Columbia ramping up enforcement efforts against illegal short-term rentalsNorthwest Real Estate Forum , 2.11.19
- Larry's Tax Law, 2.5.19
- Short-Term Rental Update: Airbnb, Inc. v. NYC on data collection and the Fourth Amendment; Airbnb's undisclosed security camera causes privacy snafuNorthwest Real Estate Forum , 1.22.19
- Short-Term Rental Update: First statewide short-term rental regulations signed into law in Massachusetts; Startups receive influx of funding signifying future collaborations in the industryNorthwest Real Estate Forum , 1.3.19
- Short-Term Rental Update: L.A. approves regulations for short-term rentals; Las Vegas Council new rule called ‘A Ban In Disguise’ on Airbnb; Canada's first cannabis hotel plans to launch in 2019Northwest Real Estate Forum , 12.20.18
- Short-Term Rental Update: Airbnb's new 'Backyard' initiative; Miami-Dade County files lawsuits against HomeAway and FlipKey; the City of Portland to finalize data-sharing agreement with AirbnbNorthwest Real Estate Forum , 12.6.18
- Cross Border Business Law Blog, 4.5.18
- Northwest Real Estate Forum , 2.8.18
- Northwest Real Estate Forum , 10.12.17
- Northwest Real Estate Forum , 10.5.17
- Speaking EngagementBend, OR, 8.16.19
- "Preparing Experts for Trial Testimony," Eminent Domain: Current Developments in Condemnation, Valuation & ChallengesSpeaking EngagementPortland, OR, 6.7.19
- "Problematic Jury Instructions and How to Educate the Jury," Eminent Domain: Current Developments in Condemnation, Valuation & ChallengesPanel DiscussionPortland, OR, 6.6.19
- "Portland & Puget Sound's Increase In Development, Investment, & Supply," Bisnow's 2019 Pacific Northwest Hotel SummitPanel DiscussionSeattle, WA, 2.19.19
- Speaking EngagementGleneden Beach, OR, 8.10.18
- “Adverse Possession? Prescriptive Easements? Here's the What, Where, When, Why, and How,” 2018 RELU Annual Summer ConferenceSpeaking EngagementGleneden Beach, OR, 8.10.18
- Continuing Education SeminarPortland, OR, 5.11.18
- “Protecting Your Design,” Leadership, Mentoring, Networking, Opportunity for A&D Professionals (LMNOP)Panel DiscussionNew York, NY, 4.24.18
- Panel DiscussionPortland, OR, 10.11.17
- "Condemnation Law: Updates, Tips and Traps," Oregon County Counsel Association 2017 Summer ConferenceSpeaking EngagementBend, OR, 8.3.17
- Colorado Real Estate Contracts 101Speaking engagementBoulder, CO, 10.20.16