Find Lawyers in Manchester, New Hampshire for Litigation - Real Estate
Greg counsels clients in all aspects of land use and real estate, including finance, planning, development, and litigation. His courtroom experience is impressive: He’s spent over 30 years serving as a trial judge, both in the United States Air Force and the New Hampshire Circuit Courts. Additionally, he previously practiced both business law and litigation with New Hampshire-based law firm Wiggin & Nourie. As a result of his experience on both sides of the bench, he is a uniquely e...
I have been a litigator at Devine Millimet for more than 27 years, practicing in the New Hampshire state and federal courts. My general commercial litigation practice covers land use and environmental matters, probate, and trust litigation. Another practice focus is Medicaid provider issues for social service agencies and long term care facilities, health insurance and managed care. I serve on the board of Devine Millimet and recently completed a term as chair of our Litigation Department. I ...
Roy joined Bernstein Shur after 12 years as a principal of Kelley & Tilsley, where he established his reputation as an advocate for business owners, developers, and manufacturers. He has since expanded his clientele to include real estate brokers, automobile dealerships, contractors, health clubs, and restaurants, but his mission remains the same: to empower clients with the information they need to make strategic and well thought-out decisions. Roy also routinely represents clients befor...
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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