Find Lawyers in Des Moines, Iowa for Litigation - Real Estate
Bob Andeweg practices primarily in the real estate area, concentrating primarily in commercial real estate. Bob focuses his practice on transactional, leasing development and valuation issues regarding real estate. In addition, he also provides advice to a variety of business clients regarding general corporate transactions, including organizational, development and start-up issues, board of directors operations and duties and general contract drafting and negotiations. Bob received his J.D.,...
Bill Serangeli represents business clients, including real estate companies, banks and insurance companies, in commercial litigation and insurance defense matters. He currently serves as general counsel for various Boards of Realtors® and regularly lectures on legal topics to bar associations and trade organizations on professional compliance issues and ethics. Bill is also active in professional community organizations including the Iowa State Bar Association and the Polk County Bar Asso...
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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