REAL ESTATE & CONSTRUCTION LITIGATION

Real estate disputes related to construction and development have been on the rise due to shrinking financial resources for new and existing projects. Nixon Peabody’s Real Estate and Construction Litigation attorneys help clients resolve disputes that get in the way of doing business.

We provide clients the advantage of counsel who are experienced in construction disputes, land use, and all aspects of real estate development. We represent owners, developers, engineers, architects, general contractors, and others doing business in the construction industry. Our attorneys have handled cases in every forum in which real estate and construction challenges arise.

Although our practice is national in scope, Nixon Peabody is focused on being part of the communities in which we maintain offices, and on being involved in the nuances of the local and regional construction and real estate industry served by that office. As a consequence of this structure, we are able to offer services that are reflective of both the efficiencies of a large firm and the knowledge gained from participating in diverse markets. Unlike some large firms, we are structured to handle middle-market projects as well as large projects, and we bring the same value-added approaches to all projects regardless of size.

Our clients include multi-family housing; senior housing; nuclear, hydroelectric, natural gas, alternative energy, and cogeneration power plants; dredging, reservoir, and other water management projects; office towers and residential buildings; hospitals; schools; dormitories; courthouses; municipal and state office buildings; wastewater treatment plants; oil and gas field projects, including offshore platforms and compression plants; and major transportation projects.

We represent clients in disputes related to:

• Construction disputes
• Zoning and land use
• Eminent domain and condemnation proceedings
• Adverse possession
• Tax assessment proceedings
• Brokerage disputes
• Property management disputes
• Landlord/tenant disputes
• Commission disputes
• Commercial lease disputes
• Indian land claims
• Property contamination and clean-up
• Public and private nuisance
• Real estate syndication
• Mortgage servicing
• Title insurance
• Leasing disputes
• Construction supply disputes
• Real estate purchase agreement disputes
• Real estate lending disputes
• Housing discrimination claims
• Real property workouts

Representative Experience

• Honeywell International, Inc. v. City of Quincy. Represented Honeywell in a high profile contractual dispute concerning a $32 million energy performance contract involving 40 municipal and school buildings in Quincy, Massachusetts. The dispute, which involved hundreds of punch list items, proceeded to arbitration. Honeywell prevailed in a decision issued in July 2010.
• Wardman Investor LLC v. Marriott International, Inc. and Washington Convention and Sports Authority, Case No. CA 006427 B, (Superior Court, District of Columbia, 2010). Represented the Washington Convention and Sports Authority in a case involving a constitutional challenge to the public/private financing of a commercial real estate deal. In a case of first impression in the District of Columbia, the D.C. Superior court ruled that the Washington Convention Center Headquarters Hotel, a $550 million Marriott Marquis Convention Center hotel to be built adjacent to the new convention center in Washington, could go forward as planned.
• Goulart v. Tarsagian, N.C. No. 2007-0023, Newport County Superior Court. Represented the owner of an alpaca farm in a right-of-way dispute concerning the only reliable access road to the farm. After a 5-day trial, the Superior Court rendered a bench decision that was a complete victory for the alpaca farm and literally “saved the farm.”
• Representation of owner in connection with disputes arising out of the construction of a $12 million telecommunications systems upgrade for the San Francisco State University campus. Defended against $8 million plus in claims by contractor for alleged extra work, alleged wrongful termination for cause, and for illegal design (telecommunications drawings not prepared by electrical engineer). Prosecuted counterclaim for $6 million plus for excess completion costs by follow-on contractors, and liquidated damages for delays.
• Developers Diversified v. CLD Consulting Engineers and Wrenn Associates, State of New Hampshire Superior Court. Represented the plaintiff, a real estate developer and an owner of a shopping mall, against engineer and builder for negligent design and construction of large multimillion dollar shopping mall. Case settled after completion of discovery, including disclosure and discovery of experts.
• Monument Realty LLC v. Washington Metropolitan Area Transit Authority, 535 F.Supp. 2d. 60 (D.D.C 2008); 540 F.Supp. 2d 66 (D.D.C. 2008). Represented Monument Realty, one of the largest real estate developers in Washington, D.C., in a “bet the company” dispute over real estate located at the main entrance to the new Washington Nationals Baseball Stadium in Washington, D.C. After lengthy hearings, the U.S. District Court for the District of Columbia granted a preliminary injunction preventing the local transit authority from selling its property to a competing developer.
• Tiffany and Company v. Mabbett & Associates, Inc., C.A. No. 02-439/L, United States District Court for the District of Rhode Island, 2004. Represented the plaintiff against the engineering firm that designed the wastewater treatment system at Tiffany’s new state-of-the-art jewelry manufacturing facility in order to recover costs incurred as a result of the defective wastewater treatment system. Successfully defeated motion for summary judgment brought by the defendant seeking to bar recovery beyond the contractual limitation, which resulted in the settlement of this lawsuit on favorable terms.