Find Lawyers in Hartford, Connecticut for Litigation - Real Estate
Litigation - Real Estate - Hartford, ConnecticutAbout this Practice Area
As chair of the firm’s Real Estate and Land Use Department, Gary B. O'Connor's practice focuses on real estate, land use and environmental matters. He has extensive experience in all aspects of complex industrial and commercial real estate transactions, particularly those impacted by environmental conditions. Gary is experienced in the fields of regulatory compliance and permitting. He has worked closely with regulators from DEEP, EPA, U.S. Army Corps of Engineers and local agencies on ...
Tom Regan practices in the areas of real estate, energy, telecommunications, land use, health care and administrative law. He represents major corporations, private developers, institutions, and not-for-profits in the development and financing of commercial real estate projects and energy and telecommunications facilities. He also represents national clients on permitting, administrative law and real estate litigation matters throughout the State of Connecticut. Tom is recognized in the categ...
Litigation - Real Estate Definition
For developers, litigation can arise with land sellers over purchase and sale agreements; with municipalities over zoning and entitlements; and with contractors over construction bidding, cost overruns, and construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt, and collateral recovery; with junior and mezzanine lenders over subordination obligations; and with mechanic lienors over priority rights to the real property and loan proceeds. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.
Disputes regularly arise out of the often-complicated and interrelated contracts of the various parties with interests in the property, and tort claims of various kinds may be asserted, from broad common law claims, such as fraud and tortious interference, to more real estate-specific claims, such as trespass, encroachment, and nuisance. Equitable considerations are often present because of the unique nature of real property rights. Special insurance rights, such as title and builder’s risk policies, may be implicated.
Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.
Timothy J. Patenode, Partner
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