Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Capabilities
    3. Practices
    4. Real Estate
    5. Construction & Real Estate LitigationReal Estate

    Construction & Real Estate Litigation

    Value-added solutions for conflict resolution to help you minimize risk, maximize development, and achieve broader success.

    Overview

    From middle-market projects to prominent infrastructure and commercial developments, our Construction & Real Estate Development Litigation team provides you with a distinct value-added approach.

    No matter the industry, project size, complexity, duration, or location, rely on our nationally-ranked team of construction lawyers for public bidding, project planning and counseling, contract negotiation, and dispute resolution in courts and ADR.

    In addition, trust our decades of experience in all facets of the real estate development industry, including zoning and land use permitting matters, commercial lease disputes, property damage claims, and workouts.

    We have a track record of successfully trying cases, but we offer much more than that. We’re advisors who provide efficient services and opportunities to help you succeed beyond the matter at hand.

    Representative Experience

    • Convinced an arbitrator, following a six-week hearing, that the owner of one of the largest renewable energy projects in the Midwest had abandoned the contract, meaning that the owner bore the huge cost overrun on its own, achieving an outright defense victory for our client and the claim, as well as an award of millions of dollars in attorneys’ fees.
    • Public works contractor against subcontractor claiming unpaid amounts due on completion contract, unpaid retention, and prompt payment penalties in California state court bench trial. Obtained judgment on client’s cross-complaint for disgorgement of all monies paid to subcontractor due to subcontractor’s performance of unlicensed work for failure to carry workers’ compensation insurance. Successfully defended judgment and subsequent award of attorneys’ fees on appeal.
    • Public works contractor claiming unpaid retention, change order work, and fraud against school district and individual defendant, and defended contractor against breach of contract and false claims by district in three-week California state court jury trial. Obtained jury verdict on all affirmative claims and successfully defended against district’s false claims cause of action.
    • In the second Zoom trial conducted by the Massachusetts Superior Court Business Session, succeeded in defending a major Boston commercial building landlord on a tenant’s claim for damages and on the landlord’s counterclaim for breach of contract. In a subsequent written decision, the court also awarded our client attorneys’ fees and costs.
    • In a dispute running for 13 years, and the subject of an arbitration, two trials, and two appeals, we successfully represented Bourbon Marble, Inc., in recovering more than $4.3 million in damages, litigation fees and costs in a breach of contract action against Pepper Construction Company.
    • Senior living campus in suburban Boston in connection with a review and analysis of contractor claims and change orders resulting from a $30 million, multi-year renovation/expansion project. We provided contract and claim analysis as well as litigation strategy advice. Ultimately, the matter was resolved in the client’s/owner’s favor at a three-way mediation between the owner, the construction manager, and the primary subcontractor, which resolved the pending lawsuit and all potential disputes. This allowed the project to stay within budget and open to accept residents.
    • The Regents of the University of California and another university system in cases involving claims for breach of contract and negligence against contractors and manufacturers and suppliers of utility piping arising from the catastrophic failure of underground utilities distribution piping systems at multiple campuses.
    • Obtained a decision from the Rhode Island Superior Court that reversed the denial of a master plan application for a $20+ million assisted living facility specializing in Alzheimer’s care. As a result of this judicial victory, a stalled development is back on track.
    • Secured affirmance in the New York Appellate Division—2nd Dept of a $5.5 million trial judgment in adverse possession case.
    • Obtained a favorable judgment representing two co-trustees of a revocable trust (the plaintiffs) in connection with a complaint for declaratory judgment to clarify title to real property in the Back Bay section of Boston. The judgment, secured in less than eight months, resolved the title issue for the family.

    Related Services

    • Commercial Lease Disputes
    • Distressed Debt & Real Estate Workouts
    • Tax Credit & Affordable Housing Investment Disputes

    Our Team

    See Full Team
    • Jeffrey S. Brenner

      Partner / Practice Group Leader, Construction & Real Estate Litigation
      • Providence
      • Office:401.454.1042
      • jbrenner@nixonpeabody.com
      Jeffrey S. Brenner
    • Anthony Barron

      Partner / Chair, Litigation Department
      • San Francisco
      • Office:415.984.8309
      • abarron@nixonpeabody.com
      Anthony Barron
    • Vernon W. Johnson, III

      Partner
      Deputy Leader, Construction & Real Estate Litigation
      • Washington Dc
      • Office:202.585.8401
      • vjohnson@nixonpeabody.com
      Vernon W. Johnson, III
    • Armando E. Batastini

      Partner / Office Managing Partner, Providence
      • Providence
      • Office:401.454.1015
      • abatastini@nixonpeabody.com
      Armando E. Batastini
    • Matthew A. Richards

      Partner
      • San Francisco
      • Office:415.984.5093
      • mrichards@nixonpeabody.com
      Matthew A. Richards
    • Aldo E. Ibarra

      Partner
      • San Francisco
      • Office:415.984.8233
      • aibarra@nixonpeabody.com
      Aldo E. Ibarra
    See full team

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL