Find Lawyers in Detroit, Michigan for Litigation - Real Estate
Dave is a savvy, pragmatic problem-solver for clients involved in real estate, lending, and business. Dave's practice covers all aspects of real estate (including financing, development and work-outs), environmental law, corporate law, and business counseling. Dave also has an extensive creditor's rights practice, representing lenders both in court and out-of-court workouts, as well as protecting creditors' interests in bankruptcy proceedings. Dave has represented some of the area's largest r...
Steve is unique: he combines extensive experience in complex litigation with extensive experience in complex business transactions. As a result, he brings a business perspective to commercial litigation, and a litigation perspective to commercial transactions. He has litigated employment disputes (in court and in arbitration), insurance disputes (on behalf of insurers and insureds), real estate disputes (on behalf of sellers, purchasers, lessors, lessees, mortgagors and mortgagees), corporate...
Sharon is a world-class litigator, as well as the longtime leader of the firm and current chair of the firm's Litigation Department. She is a riveting trial lawyer and a formidable advocate for clients. Sharon's practice focuses on business litigation (commercial and complex litigation, construction, securities, intellectual property litigation, employment litigation, class action litigation, professional malpractice defense).
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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