Find Lawyers in Bethesda, Maryland for Litigation - Real Estate
Litigation - Real Estate - Bethesda, MarylandAbout this Practice Area
Alan S. Mark is a member of the firm’s Commercial Transactions , Financial Services , Real Estate , and Science & Technology Practice Groups. For the past 35 years, Mr. Mark has concentrated on corporate, commercial and real estate finance matters. He has served as outside counsel to numerous local, regional and national financial institutions, publicly traded biotechnology companies and hotel owners and operators. He has also served as outside counsel to information and telecommuni...
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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