Avoiding disputes and navigating sensitive business matters
It’s a complicated economic outlook. Disputes and insolvencies may increase due to recessionary pressures, potential overvaluation of assets, and other issues. Companies need sophisticated advice if transactions do take an unexpected turn. We can advise you on avoiding controversy, and how to strategically navigate complex disputes, restructuring and insolvency.
We advise on all types of real estate disputes, litigation, arbitration and mediation across all forums. Our top-tier trial lawyers have experience in all areas, including claims against a tenant, disputes among parties to a purchase and sale agreement, defending or enforcing a foreclosure or repossession, construction disputes or a dispute among joint venture partners.
We act for clients including private equity firms, financial institutions, real estate developers, REITS, government agencies, and other commercial real estate owners such as retailers and manufacturers.
Our work includes advising on issues relating to acquisitions and dispositions, commercial and residential loans, condemnations and eminent domain, construction and design issues, easements and covenants, entitlements, and zoning. We’re also experienced in environmental litigation regarding leased and owned property, and in aspects of construction and design-defect litigation, delay claims, mechanics’ liens in the US, and priority rights.
“Exceptional and, in my view, unrivalled industry and sector knowledge and experience. Trusted, reliable and responsive legal advisors with a real understanding and appreciation of our business and our priorities.”
Disputes arise in even in the most carefully managed situations. By working with you at an early stage, we develop strategies that are designed to avoid issues, minimize uncertainty, and create pragmatic business-driven solutions. In the absence of a negotiated outcome, we use the most appropriate and cost-effective methods for resolution.
In restructuring and insolvency, we aim to maximize returns while minimizing losses, costs and uncertainty. Our clients include borrowers, landlords, lenders, government entities, trustees, shareholders and senior executives. We also act for distressed debt and asset buyers and investors.
We have acted as outside foreclosure and asset recovery counsel to numerous borrowers and financial institutions. We also handle multi-district and multi-county foreclosures, restructures and workouts involving office buildings, office parks, shopping centers, residential developments, mixed-use complexes, hotels and resorts, franchises, and dealerships.
Real Estate Disputes and Restructuring
- Representing the defendants in a complex claim across England & Wales, the BVI, Austria, Germany and Switzerland in the London Commercial Court for alleged fraudulent receipt of circa GBP100 million. The case involves serious allegations of fraud, and forensic financial analysis of transactions between 2009 and 2017.
- Blackstone on the restructuring of its GBP1.8 billion Tower portfolio and the subsequent work-out of the portfolio.
- Advising the defendants in a high value, complex High Court claim in the UK relating to the acquisition of a large commercial building in Canary Wharf with a GDV of GBP310 million.
- Asset management client with loan restructure and related maintenance matters in connection with financing secured by a portfolio of five industrial warehouse properties located throughout Mexico.
- Major Boston hospital in a dispute over a US$250 million renovation/addition project which used integrated project delivery. Successfully resolved claim in which the contractor sought over US$40 million in additional compensation, and arbitrated to award, a dispute arising out of an audit of project costs.
- US multinational footwear, apparel and equipment corporation in connection with a major dispute arising out of the US$400 million construction of one of five buildings included in a headquarters expansion project which experienced significant delays.
- Wood Group USA LLC in connection with disputes related to the construction of the US$250 million DuPont expansion project in Circleville, Ohio.
- EPC contractor in $100 million breach of contract claim arising out of two steam power plants in Alabama and Georgia.
- Developer on US$100 million in claims for construction defects and water intrusion arising out of a 21-building apartment complex, involving 20 parties, separate insurance coverage case and tenant class actions.
- Corebridge Financial/AIG Global Real Estate- Workout/restructuring of a portfolio of 6 senior living facilities.
- Property Group in the restructuring of three sets of cross-defaulted construction loans totaling US$180 million - a US$85 million land loan and a US$30 million mezzanine related to a three-phased mixed-use development in Brooklyn, NY.