Find Lawyers in Portland, Oregon for Litigation - Real Estate
Steve English has more than 35 years of jury and non-jury trial experience representing both plaintiffs and defendants. He has successfully tried over 100 cases to verdict. His trial experience includes business disputes, commercial torts, environmental claims, trade secrets, securities, breach of contract, directors' and officers' liability and product liability claims. He has served as national, regional and Oregon counsel for international businesses and manufacturers. He has broad experie...
Steve Janik is a founding partner of Ball Janik LLP. His principal areas of practice are real estate, real estate finance, and land use law, with an emphasis on large, high-profile projects. He has guided private and public clients through some of the region’s most important real estate projects, including mixed-use, multi-block developments, major office towers, hotels, and major league sports arenas and stadiums. Mr. Janik has argued several of Oregon’s landmark land use cases. ...
Lee Wagner is a Member of the Pacific Northwest law firm of Sokol Larkin. Lee's practice emphasizes construction law, business law, real estate law, commercial litigation, insurance law, and surety law. Among others, he represents business owners, property owners, developers, contractors, design professionals, appraisers, material suppliers, insurers and sureties. Lee handles all areas of construction disputes including lien claims, bond claims, design and defect claims, as well as all aspect...
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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