Find Lawyers in Raleigh, North Carolina for Litigation - Real Estate
Matthew Gray represents and advises insurers, healthcare facilities, corporations, and individuals. His practice includes complex insurance coverage analysis and counseling, bad faith litigation, employment counseling and litigation, long-term care claims, and administrative law. Matt represents his clients in the trial and appellate divisions of the state and federal courts throughout North Carolina. Matt’s insurance practice involves advising insurers on complex first- and third-party...
With over 23 years of experience, Ben Kuhn focuses his practice on real estate, business, land use, zoning, administrative law, and litigation . Mr. Kuhn represents and advises commercial and residential developers in connection with a wide range of real estate and business related issues. He regularly represents developers, property owners, and businesses engaged in or affected by the acquisition, development, construction, operation and leasing of commercial and residential properties acros...
Robert S. Shields, Jr. is a member of Manning Fulton’s litigation practice. He has over 30 years of experience representing clients in a wide variety of civil litigation matters. His broad range of experience spans from professional liability defense and catastrophic damages to commercial real estate litigation and business related disputes. Rob has represented corporations, attorneys, physicians, and hospitals as well as healthcare providers in disciplinary matters including licensing,...
A member of Manning Fulton's litigation section, William C. Smith, Jr. has a diverse litigation practice. He represents small and large businesses, and individuals in a variety of litigation and administrative law matters, including contract disputes, debt collection, employment, real estate and bankruptcy matters. William represents clients in both federal and state courts. He also advises both employers and employees on labor and employment issues and related matters, and represents a numbe...
Judson A. Welborn, a member of Manning Fulton's litigation section, concentrates his practice in the areas of real property litigation, construction litigation and business litigation. He has extensive experience representing clients in the state and federal courts of North Carolina, as well as administrative agencies and arbitration forums, in a variety of litigation matters involving real property and title insurance disputes, construction disputes, franchise, taxation and other business di...
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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