Real Estate Litigation Representative Matters

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

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

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.

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

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.

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.

Represented a Texas-based home builder in AAA arbitration against construction defect claims made by a home buyer.

Represented 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.

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 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.

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.

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.

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.

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

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.

Litigation Group Contacts

Chris Hanslik

Andrew Pearce