Find Lawyers in Philadelphia, Pennsylvania for Litigation - Real Estate
H. Robert Fiebach joined Cozen O’Connor in February 1995. He is a member of the firm and resident in the Philadelphia office. In addition to his trial experience, Robert is an accomplished appellate advocate. He has successfully handled many appeals within his practice areas in the Pennsylvania Superior and Supreme Courts and the U.S. Court of Appeals for the Third Circuit. Robert has also successfully handled appeals in the Federal Courts of Appeal for the Second and Fourth Circuits. H...
Jennifer Ilana Tintenfass focuses her practice on representing lenders and developers in many aspects of real estate transactions, including real estate secured financings, term and construction loans, acquisitions, dispositions, joint venture development, leasing, and due diligence analysis. With respect to lending work, Jennifer represents borrowers and lenders in connection with acquisition, construction, bridge/permanent, and affordable housing financings. Jennifer also has substantive ex...
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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