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Real Estate and Construction Law

ConstructionWhile the real estate and construction industries were built on the maxim of “freedom of contracting,” over the years, both industries have become the subject of significant regulation. We assist clients in navigating the regulations applicable in all aspects of commercial real estate and construction transactions from purchase and sale agreements, mezzanine loans, bridge loans, permanent financing, contracting with design professionals, contracting with general contractors, subcontractors, and material suppliers, and project close-out issues.

When disputes arise in real estate or construction transactions, we have substantial experience litigating those issues, from breach of contract disputes to design professional’s liens, mechanic’s liens, stop notice claims (both public and private projects) and surety bond claims.

Real Estate and Construction Transactions

We assist our clients in all aspects of commercial real estate transactions from preparing and negotiating purchase and sale agreements, to negotiating mezzanine loans, bridge loans and permanent financing to ensure a successful acquisition or refinancing of the real property by our client.

After acquisition, we assist our clients in negotiating contracts with design professionals, and contractors (general contractors, subcontractors and material suppliers) who will be in charge of the development of the property. Based on changes in California law, we are prepared to provide advice to clients regarding indemnity, insurance, payment, and mechanic’s lien issues.

Once development starts, we are prepared to assist our clients with issues relating to risk management, contract administration, pricing and scheduling of changes. Finally, once the development is completed, we assist our clients with typical project close-out issues.

Construction Litigation

We have extensive expertise in litigating disputes on behalf of owners, developers, general contractors, subcontractors, material suppliers, and sureties in public and private construction projects.

We assist our clients in litigating contract, quantum meruit, design professional’s lien, mechanic’s lien, stop notice, and surety bond claims. We have litigated these types of disputes in every forum (state courts, federal courts, private arbitration, and judicial reference) and understand the complexity and costs involved in these types of dispute. With each case, we devise and implement an efficient manner to exchange information among parties to maximize the outcome for our client.

We also litigate construction defect claims and are well-versed in the laws which apply to such claims.
Our professionals have represented contractors in every type of public and private projects, including power generation facilities, high-rise office buildings, hotels, hospitals, single-family residential developments, condominiums, apartment buildings, parking structures, gas stations and shopping centers, small local parks, wastewater treatment facilities, schools, universities, hospitals, and other commercial and other multi-million dollar capital improvements.

Real Estate Litigation

Our experience encompasses virtually every type of real estate dispute involving lenders, commercial landlords and tenants, buyers and sellers of real estate. We assist clients in negotiations with lenders, including discounted payoffs (DPOs), and loan modifications.

We also have expertise in seeking provisional remedies, and we frequently represent clients in foreclosures and receiverships and unlawful detainers.

Insurance Bad Faith

We advise and represent clients in insurance coverage disputes in a wide range of areas, including products liability, property damage and loss, construction defect, and errors and omissions.

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