Cross Icon
Real Estate Litigation
Default Hero small Image

Real Estate Litigation

Attorneys that understand the industry and business of real estate

Our deep transactional experience in the real estate industry is complemented by a strong litigation practice. Our Houston real estate litigation attorneys know the industry by nature is confronted with disputes. Our experience, skills, and knowledge make a critical difference in advancing the litigation objectives of our clients. We represent and advise entrepreneurial and institutional owners and developers of commercial real estate at the local, national, and international level in all segments of the commercial real estate industry.

Chambers Ranked In USA 2024 Logo
Best Places To Work Logo
Best Law Firms Ranked by Best Lawyers 2024 Logo
Texas Lawyer Houston - Best of 2022 Top 3
Top Places to Work 2023 Logo

Areas of Focus

  • Boundary disputes
  • Buy/sell disputes
  • Condemnation
  • Construction management disputes
  • Corporate governance disputes
  • Design & construction defects
  • Easement & restrictive covenant disputes
  • Landlord/tenant disputes
  • Mechanic’s liens & payment bond disputes

Real Estate Litigation Matters

Successfully defended five employees against claims brought by former employer alleging breaches of fiduciary duties, conspiracy, and misappropriation of trade secret claims.

Represented a development company and successfully obtained a summary judgment on liability and an award of specific performance related to the breach of a real estate contract.

Successfully represented a multi-location dental practice in bad faith claims against an insurance company involving loss of business income, loss of equipment and inventory, and reimbursement for continuing operating expenses and expenses in connection with moving dental practice to temporary locations.

Successfully represented a development company in an arbitration proceeding to remove a $500,000 mechanic’s lien recorded by a contractor against the property.

Successfully represented a development company asserting professional negligence and breach of contract claims against an architectural firm for errors and omissions that caused significant cost overruns during the construction of a $40 million dollar multi-family development.

building icon

Real estate

Represented a client that provides offshore mooring systems for the energy industry in the acquisition of the equity of a provider of anchoring and mooring solutions and its subsidiaries. The complex cross-border transaction involved the acquisition of assets located on and entities domiciled in at least twelve different countries and negotiations of definitive agreements with legal counsel in Norway.

building icon

Real estate

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.

shield icon

Construction

Advised global manufacturer of steel products on innovative uses of constitutional and statutory mechanic’s and materialman’s liens, to enable my client to strategically secure payment of outstanding accounts from owners and subcontractors.

document icon

Energy – Oil & Gas

Represented oil and gas clients in connection with various actions to quiet title and/or address notices of lis pendens, including suits against groups of mineral royalty owners.

shield icon

Construction

Currently representing a chemical refinery in a dispute with its general contractor over a failed project to expand and renovate the refinery’s facility. In addition to allegations of breach of contract and fraud, the dispute has resulted in liens filed by subcontractors against my client, which have been efficiently settled.

building icon

Real estate

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.

building icon

Real estate

Represented a developer of a residential master plan community in connection with a lawsuit brought by grading contractor seeking multi-million dollars in damages, along with counterclaims for liquidated damages against the contractor. Obtained summary judgment at the trial court on substantially all the contractor’s claims, which was successfully defended on appeal before the United States Fifth Circuit Court of Appeals. Resulted in a favorable settlement for the client.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

Represented a national Real Estate Investment Trust and shopping mall manager in connection with eviction proceedings against tenants in properties located in north, central and southeast Texas.

building icon

Real estate

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.

building icon

Real estate

Represented the owner of a shopping mall in connection with lawsuit brought by tenant seeking a writ of reentry into the leased premises following repossession by owner. Successfully defended the application for reentry and obtained judgment for recovery of attorneys’ fees for filing lawsuit in bad faith.

building icon

Real estate

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.

building icon

Real estate

Represented commercial landlords and tenants in disputes involving non-payment of rent and other lease-related disputes.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

Represents a national real estate investment trust in connection with all landlord/tenant disputes for its shopping mall properties in Texas.

shield icon

Construction

Represented a Texas-based home builder in AAA arbitration against construction defect claims made by a home buyer. Obtained a no liability finding and an award of attorneys’ fees for client.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

Obtained summary judgment on all claims asserted by commercial landlord following material breach and termination of commercial real estate lease.

building icon

Real estate

Technology

Defending a technology managed services firm against claims for breach of a commercial lease.

building icon

Real estate

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.

building icon

Real estate

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.

Successfully defended a property management company with communities across Texas in a repair and remedies case brought by a tenant.

Represented a national bank in the foreclosure and sale of several properties.

building icon

Real estate

Represented the owner of a shopping mall in connection with lawsuit brought by tenant seeking a writ of reentry into the leased premises following repossession by owner. Successfully defended the application for reentry and obtained judgment for recovery of attorneys’ fees for filing lawsuit in bad faith.

building icon

Real estate

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.

building icon

Real estate

Represented commercial landlords and tenants in disputes involving non-payment of rent and other lease-related disputes.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

Represents a national real estate investment trust in connection with all landlord/tenant disputes for its shopping mall properties in Texas.

shield icon

Construction

Represented a Texas-based home builder in AAA arbitration against construction defect claims made by a home buyer. Obtained a no liability finding and an award of attorneys’ fees for client.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

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.

building icon

Real estate

Obtained summary judgment on all claims asserted by commercial landlord following material breach and termination of commercial real estate lease.

building icon

Real estate

Technology

Defending a technology managed services firm against claims for breach of a commercial lease.

building icon

Real estate

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.

building icon

Real estate

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.

Successfully defended a property management company with communities across Texas in a repair and remedies case brought by a tenant.

In the realm of possibilities, there is never just a solitary choice. Through our collaborative relationship with clients and with their best interests at heart, we help guide them to resolution.

Chris Hanslik

Chairman

alt_text

We provide clarity for complex problems.

With a deep understanding of your business alongside clear and honest communication, we help clients face challenges fearlessly.

 

Learn more about our services and how we help clients.