Find Lawyers in West Palm Beach, Florida for Litigation - Real Estate
Bridget Berry maintains a national civil trial practice, concentrating in employment and class action; financial services; real property and title insurance; and construction litigation. She counsels clients relating to business disputes, and advocates on behalf of clients in jury and non-jury, state and federal court actions, including collective and class actions, arbitrations and administrative proceedings. Bridget is admitted to practice in The Supreme Court of the United States; the U.S....
Professional Experience Gary S. Betensky is board certified by The Florida Bar in business litigation law. Board certification recognizes special knowledge, skills and proficiency and distinguishes Mr. Betensky as a specialist in business litigation law. Mr. Betensky maintains a civil trial practice involving complex business disputes and dispute resolution. Education Mr. Betensky received a Bachelor of Science in Public Communication from Boston University. He then earned his law degree from...
Steven Ellison has handled an array of commercial disputes, including the representation of financial institutions, mortgage lenders, and mortgage servicers in both commercial and consumer contexts. He has significant experience in handling complex intra-company business disputes, contract disputes, and litigating business torts.He developed a national reputation through the representation of lenders accused of violating the Truth in Lending Act on both the trial and appellate levels. Additio...
Laurie L. Gildan's wide-ranging experience in real estate includes representing home builders in land acquisition and project development; office building owners in leasing and building operations; developers and lenders in loans and loan restructuring; analysis of default situations and entitlement reviews of residential, golf course, commercial, office and warehouse properties. She is experienced in the representation of land bankers. Laurie also has the unique distinction of being a regist...
Larry Rochefort is the chair of Akerman’s Litigation Practice Group, a leading team of trial lawyers advising companies in complex litigation and arbitration across the United States and Latin America. Larry is recognized for Bet-the-Company Litigation by The Best Lawyers in America and as a “Litigation Star” by Benchmark Litigation . He represents financial institutions, developers, owners, contractors, insurers, and retailers in real estate, lending, and other disputes. He...
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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