Real Estate Representative Matters

  • Represented developer in drafting subdivision restrictions and related property owner association governance documents.
  • Represented real estate developers in the acquisition of raw land for residential construction.
  • Pursuing claims on behalf of a shopping mall developer in The Woodlands, Texas, for breach of a commercial lease. The unsuccessful tenant abandoned the property and attempted to terminate the lease on the basis that the landlord did not provide sufficient parking.
  • Pursued claims on behalf of a developer for breach of a contract following its attempt to purchase a piece of real estate. The client executed an agreement to purchase the property with an agent for the seller, but was then informed that the property’s tenant had exercised its right of first refusal to purchase the property. Our client subsequently learned that the seller backed out of the sale with the tenant and our client sought to enforce its original purchase agreement. The seller argued that the agent who brokered the deal did not have authority to execute the agreement with our client. The parties settled the lawsuit on favorable terms to our client.
  • Defending a technology managed services firm against claims for breach of a commercial lease. Pursuing counterclaims against the landlord for constructive eviction because the client was forced to abandon the lease as a result of recurring roof leaks. The roof leaks caused mold and mildew to grow and prevented employees from being able to work from the office.
  • Represented the buyer of a privately-owned golf course in Austin County, Texas.
  • Represented the borrower in a $65 million refinancing of the retail component of a mixed-used development.
  • Represented the developer in the acquisition and development of a multi-building industrial business park, including a multi-building lease with an international chemical manufacturing company.
  • Represented an international plastics and chemicals manufacturer and distributor in the acquisition, lease and rail service of a build-to-suit, rail-served industrial distribution center.
  • Obtained summary judgment on all claims asserted by commercial landlord following material breach and termination of commercial real estate lease.
  • Represented the owner and operator of bulk storage facilities in the acquisition of a 430,000 barrel storage facility and terminal and the acquisition of approximately 220 acres of undeveloped real property for future development.
  • Represented Integra Realty Resources – Houston (a real estate appraisal and services company) in the sale of its business to Jones Lang LaSalle (JLL).
  • Representing a real estate trust that owns, develops, and operates shopping malls in various capacities. Representation includes addressing, bonding around, and invalidating materialmen and mechanics’ liens and resolving disputes with tenants over fees, leasing payments, nuisance allegations, and more.
  • Represented Midway in land swap transaction with local tax increment reinvestment zone (TIRZ) for relocation and extension of street rights-of-way in mixed use project.
  • Represented Midway in multiple modifications of economic development agreements with Downtown Management District relating to Greenstreet and Hotel Alessandra in Houston, Texas.
  • Successfully represented mixed-use real estate developer in claims for breach of contract, breach of warranty and construction defect against its former general contractor involving substantial water infiltration in two luxury apartment buildings.
  • Representing Houston-based real estate developer in Texas state court action involving claims for breach of contract and declaratory judgment related to a retail anchor-tenant’s breach of its lease and the resulting delay in funding and construction of a sizeable mixed-use commercial retail development.
  • Negotiation of Chapter 380 and development and reimbursement agreements with various utility districts and private water and wastewater service providers.
  • Represented the purchaser of waterfront property adjacent to the Port of Texas City from a subsidiary of Dow Corning.
  • Preparation of restrictive covenants for master-planned mixed-use communities in Dallas-Fort Worth region, including various subordinate restrictive covenants and condominium documentations.
  • Representing a regional shopping mall developer in a Landlord/Tenant dispute.
  • Represented a California-based construction and retail real estate development, re-development, and renovation company in a multi-state dispute concerning the use of its name by a former shareholder. A resolution was obtained shortly after filing a lawsuit seeking a temporary restraining order, temporary injunction, and permanent injunction.
  • Representation of the developer of a multi-phase, mixed-use, urban infill development in the negotiation of the underlying development services agreement and the negotiation of a long-term lease agreement with a regional grocer as the key tenant for the first phase.
  • Won a unanimous jury verdict for a homeowner against a designer hired to provide interior design services. Although the client paid the designer for several decorative pieces, the designer failed to purchase the items and then refused to return our client’s money. The designer filed a counter-claim for the amount of money he alleged was still owed under the terms of the parties’ agreement. The jury rendered a verdict in favor of our client finding that the designer breached their agreement.
  • Obtained a temporary injunction for a local restaurateur prohibiting the landlord from enforcing rules and regulations concerning the restaurant’s use of valet parking, linen bins, and outdoor seating.
  • Represented management in the acquisition of a certain real estate and the outstanding equity interests in an injection molding and precision machining business from a private equity owner.
  • Represented the owner and operator of stainless steel and non-ferrous metals processing company in the acquisition of a cut-to-length and metal polishing business and the subsequent exercise of an option to acquire the related real property.
  • Represented the City of Austin in the acquisition of a golf course for municipal use.
  • Represented the developer of master-planned communities in the purchase of raw land for residential construction.
  • Represented Midway in $150,000,000 refinancing of major mixed-use development in Houston, Texas.
  • Represented the owner of a Houston-based industrial pump services company in connection with the sale of all of the capital stock of the company to a Chicago-based private equity firm.
  • Represented Midway in amendments of master ground lease with Texas A&M University and preparation of multi-tiered subleases in connection with development of an approximately 50 acre mixed-use project in College Station, Texas.
  • Represented Midway in a collaborative partnership with Texas A&M University, among others, in connection with the financing, development and pre-leasing of phase one of an approximately 60 acre multi-phase mixed-use project in College Station, Texas known as Century Square, which, once complete, will include two full-service hotels, office, retail, restaurants, entertainment, loft apartments and more.
  • Represented a title company in defense of a claim under the Fair Labor Standards Act. The plaintiffs were assistant escrow officers claiming unpaid overtime. The case was settled on favorable terms to the client after minimal discovery and briefing on key legal issues.
  • Successfully defended both a no-evidence and a traditional motion for summary judgment moving to dismiss all claims filed by a mixed-use real estate developer against its former joint-venture partner.
  • Represented various landlords and real estate developers in the negotiation of office and retail leases with national chains and local tenants.
  • Preparation of condominium declaration and related governance documents for mixed-use condominium project in the City of Houston, Texas.
  • Represented a regional shopping mall developer in a lawsuit arising from a dispute with its general contractor on the expansion of its retail development; resulting in three (3) separate lawsuits involving claims by client/developer against the contractor for construction chargeback items, delay damages, and deductive change order work.
  • Represented real estate developer in dispute arising from the seller’s breach of a contract for the sale of real estate. The seller executed the contract for sale to the developer, but refused to close the sale, claiming the agent that brokered the deal did not have authority to negotiate on its behalf.
  • Pursued claims on behalf of the owner of a Houston shopping mall for breach of contract and indemnity. A subcontractor sued the general contractor and owner for non-payment. The owner filed a separate lawsuit against the general contractor for indemnity and breach of contract for failing to pay the subcontractor.
  • Represented developer/purchaser of 100+ acres ($9MM) in Bexar County (San Antonio area) in acquisition and negotiation of development agreements with adjacent owners and San Antonio Water Systems (SAWS) for provision of utility service.
  • Represented developer/purchaser in acquisition of 300+ acres in Harris County ($6MM) and negotiation of water and sewer service contracts.
  • Represented developer/purchaser of acreage and residential lots in Fort Bend County, and related negotiation of development and cost reimbursement agreements with City and municipal utility district.
  • Represented developer in drafting of subdivision restrictions and related property owner association governance documents for mixed-use project in Frisco, Texas.
  • Won a summary judgment on behalf of a regional shopping mall owner on its breach of contract claims against a delinquent tenant.  We were also able to obtain individual liability via summary judgment against the tenant’s former President who entered into contractual agreements with our client following the secret dissolution of the company.
  • Represented a Houston-based entrepreneur in connection with the strategic restructure of personal investments in 60+ entities involving land development, retail, private equity, specialty finance, oil and gas, industrial and build-to-suit.
  • Represented Houston-based development company in its purchase, finance and re-finance of various warehouse, office and manufacturing spaces in Houston and surrounding areas.
  • Represented Trendmaker Homes, Inc. in the sale of its developer rights to Cross Creek Ranch, a master-planned community located outside of Houston.
  • Represented a Houston-based real estate acquisition and development company in connection with a retail development in Bellaire, Texas.
  • Represented a real estate investment advisor in the creation of a $50 million private investment fund focusing on the purchase of pools of distressed real estate properties.
  • Won summary judgment on behalf of a regional shopping mall owner on its breach of contract claims against a delinquent tenant and obtained individual liability against the tenant’s former President who entered into contractual agreements with our client following the secret dissolution of the company.
  • Represented commercial landlords and tenants in a variety of disputes involving non-payment of rent and other lease-related issues.
  • Pursued claims on behalf of a real estate developer in the Houston Galleria area. The developer was building a 15-story office building next to an apartment complex. The apartment complex complained the tower crane being used to construct the office building was trespassing on the airspace above the complex. The real estate developer filed suit seeking a declaration that the tower crane was not trespassing on the apartment complex’s airspace. Obtained a dismissal of all claims against the client without payment of any damages.
  • Represented a national property management company in an EEOC proceeding brought by former employee claiming that the termination of her employment was race and gender discrimination. This proceeding arose out of events that occurred outside of the workplace during the company’s holiday party.
  • Represented a residential real estate company in a proceeding brought by a former employee claiming disability discrimination after the employee was terminated for being absent from work for a number of days in excess of the company’s stated policy. The matter tested the interplay between the employer’s absence control policy and the reasonable accommodation requirements of the ADA and leave requirements under the FMLA.
  • Represented a major developer in connection with development, construction and leasing of multiple mid-level office complexes on Sandhill Road in Silicon Valley.
  • Represented Port of Houston Authority in development agreement and electrical easements with CenterPoint Energy for development of electrical substation serving Bayport Terminal.
  • Represented the Port of Houston Authority in connection with development of Bayport Terminal, including assemblage of land and settlement of real estate litigation with global energy company.
  • Represented Sugarland Properties in connection with modification of 2-unit retail/apartment complex commercial condominium in Sugar Land Town Square to establish a second-tier sub-condo regime for residential sales in apartment complex unit.
  • Represented The Woodlands Development Company in connection with the sale of land for multi-family project.
  • Represented six major private foundations in the formation of Discovery Green Conservancy and development of Discovery Green, Houston, including initial project structuring; acquisition and deed restricting 12 acres in Houston’s Central Business District; and negotiation and documentation of Joint Development Agreement with City of Houston.
  • Represented a joint venture of Canyon Johnson Urban Fund and Centurion Investments, two private equity funds, in the purchase of defaulted real estate secured notes and the acquisition through non-judicial foreclosure of historic Hotel Icon in downtown Houston; assistance with entitlements and permits in connection with renovation.
  • Represented an owner in connection with the sale of multi-tenant industrial warehouse for $16,000,000.
  • Represented a Houston-based real estate industrial acquisition and development company in connection with various build-to-suit industrial developments nationwide, including acquisition, disposition and capital formation.
  • Represented the purchaser of an approximately 55,000 square foot, single-tenant facility located within the Tuscany Technology Center, a 600,000 square-foot multi-building office and industrial park development in northeast Austin, Texas.
  • Represented the developer of master-planned communities in the sale of retail parcels to a national retail developer.
  • Represented a commercial retail developer in formation and capitalization of multiple joint ventures.
  • Represented the seller of a pair of Class A office buildings with approximately 200,000 total square feet to a national real estate investment fund.
  • Represented the purchaser of a multi-tenant retail center located in the Energy Corridor, Houston, Texas.
  • Represented a large residential developer in the sale of approximately 45 acres for retail development at the intersection of Grand Parkway and Westpark Tollway.
  • Represented Midway in the financing and development of office, retail and multifamly projects related to the revitalization of Levy Park in the Upper Kirby area of Houston.
  • Represented commercial landlords and tenants in disputes involving non-payment of rent and other lease-related disputes.
  • Ongoing representation of local real estate entrepreneurs in formation and capitalization of $30 million pooled investment fund to acquire distressed income producing real properties.
  • Represented a Houston-based real estate development company in formation and capitalization of three investment funds having raised in excess of $25 million though private offerings under Regulation D of the Securities Act of 1933.
  • Defeated an application for injunction relief of a tenant in state district court seeking to halt eviction proceedings instituted by landlord/client. Litigation resulted in favorable summary judgment ruling on tenant’s claims for constructive eviction, breach of implied warranties, fraud and breach of contract.
  • Represented the owner of a shopping mall in connection with lawsuit brought by tenant seeking writ of reentry into the leased premises following repossession by owner. Successfully defended writ and obtained judgment for recovery of attorneys’ fees for filing lawsuit in bad faith.
  • Represented a commercial office building owner in connection with lawsuit brought by adjoining property owner for failing to maintain common areas of an office park development consistent with operating agreement. Litigation resulted in dismissal of all claims against client.
  • Represented a large Real Estate Investment Trust and shopping mall manager in connection with eviction proceedings against tenants in properties located in north, central and southeast Texas.
  • Represented the 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.
  • 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 a developer of a residential master plan community in connection with multi-million dollar lawsuit brought by grading contractor and counter-claim for liquidated damages against the contractor. Obtained summary judgment on substantially all of the contractor’s claims, which resulted in a favorable settlement for the client.
  • Development of a strategic and capital plan for Houston-based real estate investment firm to raise $100 million of acquisition equity capital from four opportunity funds.
  • Represented developers and acquirers of retail, multifamily, single purpose build-to-suit and other income producing property in sale-leaseback transactions.
  • Represented office, multifamily, industrial, office/service, land development and hospitality borrowers in conventional financing and refinancing of properties in loan transactions ranging from under US $1 million to over US $50 million, including construction loans, interim or mini-perm financing and permanent loans.
  • Represented office, multifamily and hospitality borrowers in connection with loans funded by insurance companies and pension funds, ranging from approximately US $1.5 million to US $50 million.
  • Represented retail, office, multifamily and hospitality borrowers in acquisition financing and refinancing of existing properties across Texas and the United States in conduit lending transactions ranging from US $2 million to over US $125 million.
  • Represented a Houston-based development firm in land acquisition and construction of mid-rise office building product in Houston and Austin.
  • Represented a Houston-based development firm in the land acquisition for and construction and leasing of low and mid-rise office and/or medical office buildings (buildings of approximately 150,000 – 250,000 square feet) in Houston, Austin and Dallas.
  • Represented a Houston-based full-service real estate company for over 25 years in connection with the acquisition and leasing of multiple office buildings in the Houston and Austin markets.
  • Represented a Texas-based real estate company in the acquisition and repositioning of over 2 million square feet of office building product in Houston.
  • Represented a Houston-based developer of mid-sized shopping centers in Houston area.
  • Represented a Houston-based developer of strip centers and retail pad developments in Houston, Austin and surrounding areas, including build-to-suit and ground lease transaction.
  • Represented a Houston-based developer in the acquisition, leasing and construction of community shopping centers in master planned communities in Houston and vicinity.
  • Development of Bull Creek Center, Austin, Texas, on ground lease from owner.
  • Acquisition and Repositioning of West Hill Mall, Huntsville.
  • Represented a local development group in connection with the development of mixed-use lifestyle center in Houston.
  • Represented a Brown Fields Redevelopment Company in connection with the acquisition of former electrical generating facility for redevelopment of a residential community.
  • Represented an international investment group formed by Houston-based developer in the acquisition, redevelopment, financing and sale of the 200-acre office park in Northwest Houston, and conversion to mixed-use residential and commercial master-planned project.
  • Represented an Austin-based development company in connection with 100+ acre Austin business park development.
  • Represented a large residential development and home-building company and a combined local/foreign investment group in development of a 300-acre mixed-use business park in West Houston.
  • Represented a large residential development and home-building company in the  development of a 3,000 acre mixed-use residential and commercial subdivision in Ft. Bend County, Texas.
  • Represented a large residential development and home-building company in the development of approximately 300 acre residential subdivision in Fort Bend County/Hwy 288 area.
  • Represented a large residential development and home-building company in the development of a 550+ acre large-lot subdivision in Montgomery County, Texas.
  • Represented a large residential development and home-building company in the development of a 3,000 acre residential mixed commercial and residential subdivision in far West Houston, near Grand Parkway.
  • Represented a large residential development and home-building company in the development of a 400+ acre residential subdivision in far West Houston, Fry Road/I-10 area.
  • Represented a local developer in the development, acquisition and expansion of distribution and warehouse facilities in Houston.
  • Represented a Houston-based development company in connection with purchase to build for resale of lease warehouse, office/service and manufacturing space, including crane-served warehouse buildings, in Houston and surrounding areas, and leasing of existing building portfolio.
  • Represented the owner of 10,000+ apartment units in the Houston area in connection with property disposition and development and bankruptcy cases.
  • Represented a Houston-based development company in land acquisition, financing, construction and disposition of multifamily properties in Ohio, Virginia, Tennessee, Kentucky and Florida.
  • Represented a Houston-based real estate company in development, acquisition and disposition of multifamily projects in Houston and surrounding areas.
  • Represented a Houston-based real estate company in connection with formation and private placement of the securities of multiple special purpose entities for the purpose of acquiring and developing real estate projects domestically and internationally.
  • Represented a second-generation family-owned holding company in connection with the corporate restructuring of restaurant businesses and real property holdings, including multiple financing transactions, land acquisitions, construction contracts, consulting contracts and property tax disputes.
  • Represented developer in connection with construction, development, ground leasing, leasing and management of medical office buildings.
  • Represented METRO as lessee in connection with 230,000 sf office lease, largest lease in City of Houston in the year lease was executed; represented METRO in connection with land acquisition and construction contract for development of owner occupied 14-story office building.
  • Represented TGS Cedar Port Partners, L.P. in connection with the acquisition of the largest industrial park in the greater Houston market, comprising of approximately 10,600 acres of unimproved land, a 300,000 square-foot rail-served warehouse on approximately 18 acres of land, and approximately 56 miles of rail and associated storage yards, switches and appurtenances.

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