Bingham's litigation department has a nationwide practice in the resolution of disputes involving real estate transactions. Our real property litigators regulatory represent developers, owners, lenders and investors in a broad range of matters related to their interests in real estate throughout the U.S. and around the world.
Our firm represents developers, contractors, real estate partnerships, limited partners, joint venturers, lenders, institutional investors, commercial landlords, cooperatives and tenants in a broad range of disputes related to their interests in real estate. We have long represented investors, owners and developers of office buildings, hotels, shopping centers, residential communities and industrial facilities.
We have assisted clients in connection with disputes arising from the acquisition and disposition of real property, financing and property development, joint venture and partnership agreements, bankruptcy and financial restructuring, management agreements, commercial leasing and landlord/tenant issues.
We have represented real estate clients in the prosecution and defense of claims alleging antitrust activities, waste, mismanagement and other breaches of fiduciary duty, as well as claims alleging fraud and breaches of partnership, lease and construction agreements. Our litigators also have experience in partition, dissolution and accounting proceedings, and in litigations concerning air rights, prescriptive easements and disputes governed by the Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980.
Firm attorneys have represented lenders and property owners in foreclosure, enforcement and various other real estate-related actions and in property tax disputes. We frequently represent clients in a wide variety of sophisticated commercial landlord/tenant matters, including complicated holdover, eviction and rent escalation proceedings.
Other experience includes obtaining and defending against orders awarding injunctive relief based upon claims of nuisance, breach of the covenant of quiet enjoyment, improper taking of air rights and similar theories of liability. In addition to proceedings in federal and state courts, the group is experienced in arbitration, mediation and other forms of alternative dispute resolution.
Bankruptcy and Workouts
Real estate litigators who are also members of the Financial Restructuring Group have a high degree of specific experience in the resolution of complex financial disputes related to workouts, insolvency or bankruptcy of corporate or other debtors. These disputes frequently involve multiparty, multiproperty portfolios of real property as well as leases and complex issues of valuation and security.
Construction Litigation
In construction litigation, Bingham attorneys have litigated project-wide problems, such as performance disputes and procurement issues, as well as more specific project issues such as delay claims, insurance issues, professional malpractice, construction defect and related personal injury claims.