Rosen Fromstein LLP law firm advises
on real estate structures and completes transactions for buyers, sellers,
lenders, landlords and tenants of shopping centers, office complexes,
large-scale retail and industrial properties and infrastructure projects. Rosen Fromstein LLP real estate litigation
team has expertise in litigating commercial landlord and tenant disputes, and
in acting in complex bankruptcy and insolvency proceedings.
The practice of
commercial real estate litigation concerns income-producing real estate
properties and projects of a wide variety, including office buildings, retail
centers, apartment buildings and condominium developments, hotels, and
industrial and specialty properties. Litigation can arise in any aspect of
these projects from acquisition and financing to development and construction
to management and leasing. The disputes can be as varied as the parties and the
projects themselves. For developers, litigation can arise with land sellers
over purchase and sale agreements; with municipalities over zoning and
entitlements; and with contractors over construction bidding, cost overruns,
and construction defects and delays. For lenders, litigation can arise with
borrowers over loan commitments, loan defaults and associated debt, and collateral
recovery; with junior and mezzanine lenders over subordination obligations. For
property owners, disputes can arise with retail and commercial tenants over
unpaid rent, repair and restoration obligations, and rights of first refusal.
Disputes regularly arise out of the often-complicated and interrelated contracts of the various parties with interests in the property, and tort claims of various kinds may be asserted, from broad common law claims, such as fraud interference, to more real estate-specific claims, such as trespass, encroachment, and nuisance. Equitable considerations are often present because of the unique nature of real property rights. Special insurance rights, such as title and builder’s risk policies, may be implicated.
Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.