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.
- 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
- 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
- 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 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