Find Lawyers in Coral Gables, Florida for Litigation - Real Estate
Alex obtained his J.D. degree from the George Washington University in 1996. Currently, Alex litigates franchise disputes, general commercial disputes and trade secret disputes in state and federal courts. In addition, Alex has handled numerous franchise and commercial disputes in arbitration proceedings throughout the country. Alex has also served as an arbitrator in actions between franchisees and franchisors. He is a member of the Florida Bar and is admitted to practice in Unites States Di...
Mr. Campbell is the founding member of Campbell Law Firm PLLC, a litigation boutique. He specializes in complex litigation involving creditor’s rights, securities, commercial torts, product liability, and bankruptcy issues. Mr. Campbell grew up in South Florida. He graduated from Chaminade-Madonna College Preparatory School with high honors in 1972 and went on to attend both college and law school at the University of Florida. He received his Bachelor of Science degree in Banking and Fi...
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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