Find Lawyers in Richmond, Virginia for Litigation - Real Estate
Jack Robb is a construction attorney with particular focus representing owners and contractors in the energy industry. Jack has successfully defended litigation against power plant owners and has successfully recovered claims on behalf of contractors and equipment manufactures providing services in the energy industry. Jack has helped construction clients in delay, defect and acceleration claims, and Jack’s representations have involved insurance, bonding, financial institutions, permit...
Henry Jones is a trial lawyer with CowanGates. His practice focuses on civil trial work, with an emphasis on personal injury law. Henry practices in all trial courts of the Commonwealth, and has successfully acted as both lead and co-counsel for jury trials in Circuit Court and bench trials in General District Court. Henry has argued before and drafted briefs to the Virginia Supreme Court. He was recognized in the 2021 Edition of Best Lawyers: Ones to Watch in the areas of commercial litigati...
Ken Stout focuses his practice on business and commercial litigation, including construction disputes, real estate litigation, and actions against financial service providers related to breach of contract, fraud, and consumer class action claims. Prior to entering private practice, he served as a Robert F. Kennedy Fellowship law clerk to the Honorable John A. Gibney, Jr., in the United States District Court for the Eastern District of Virginia, Richmond Division. Throughout his third year of ...
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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