Real Estate Litigation

Representative transactions

• Assisted individual guarantors in the development, negotiation and implementation of a plan for repayment of approximately $85 million of mortgage indebtedness secured by real property subject to significant declines in value.
• Represented the owner and developer of a 10,000-acre master planned residential community in successfully setting aside and vacating a $187,000 default judgment obtained against our client on a bill of review.
• Represented the developer of residential master plan community in connection with multi-million dollar lawsuit brought by grading contractor and counter-claim for liquidated damages against the contractor.
• Represented a developer of residential master plan community in connection with a lawsuit brought by a contractor for defects in the construction of a faux bridge structure and defending claims for payment by contractor.
• Representation of real estate developer to enforce purchase contracts by purchasers of condominiums. Representation involved the enforcement of arbitration provisions and defense of purchase contracts against claims of ambiguity and violations of the statute of frauds.
• Represented a shopping mall owner in connection with a lawsuit against large retail department store over the rights and obligations arising under an agreement covering the operation and maintenance of the underlying retail development.
• Represented a former tenant of a Houston-area retail shopping plaza in connection with a lawsuit over the landlord's constructive eviction of the tenant from the leased space.
• Represented a shopping mall owner in connection with a lawsuit against tenant and guarantor for breaching payment and performance obligations arising under a long-term lease agreement.
• Represented a shopping mall owner in connection with eviction proceedings against tenant.
• Represented a large Real Estate Investment Trust and shopping mall manager in connection with all disputes with tenants in properties located in north, central and southeast Texas.
• Represented owner of cogeneration plant in condemnation proceedings brought by pipeline owners exercising power of eminent domain. Litigation resulted in favorable settlements, enabling client to realize several hundred thousand dollars in compensation for the takings.
• Won an arbitration award on behalf of a custom home builder against its customer for breaching the construction contract and wrongfully withholding draw payments. After a week-long arbitration hearing, the client was awarded its past due draws, attorney's fees and arbitration costs.
• Won an appeals court decision upholding a summary judgment awarded in favor of a business client. The underlying claims related to whether the client had properly exercised the renewal option in its commercial lease. The trial court granted summary judgment finding the renewal was properly exercised and awarded attorney's fees to the client. The trial court's ruling was upheld on appeal.
• Obtained a summary judgment on behalf of the owner of a 10,000-acre master planned residential community in Harris County, Texas. Our client contracted with a construction company to perform a "cut and fill" and grading work project. The contractor sued for approximately $4.5 million for alleged failure to pay for extra work and delay damages. Summary judgment was awarded when it was shown that the contractor had signed a series of lien waivers and releases, which released their claims for additional compensation as a matter of law.   
• Represented real estate management company relating to its involvement in construction defect lawsuit.