Construction & Real Estate Litigation
Legal disputes are commonplace in the world of construction and real estate. With so many parties involved—developers, contractors, subcontractors, architects, and banks, to name a few—there is ample opportunity for a dispute to compromise even the most well-planned project. Therefore, it is essential to understand and protect your legal rights at each stage of the construction process.
With a capable legal team, many issues can be avoided or resolved before a dispute arises. For instance, a well-drafted contract can save parties from future headaches by addressing the necessary contingencies should an issue present itself down the road. But unforeseeable circumstances may arise nonetheless: materials may not arrive, a subcontractor might not complete its scope of work, or the owner may unjustly withhold payment despite the work being completed. If a dispute does arise, it is crucial to move quickly to reach a resolution and avoid further disruption to the project. Even after a project is complete, however, allegations of defective construction or defective design may arise years after all parties' contractual obligations are fulfilled. If a construction defect or design flaw is unearthed, an insurance claim and protracted litigation may follow. In these situations,, it can be difficult to determine who or what is at fault.
Real estate disputes can be equally complex with various parties, contracts, and common law obligations at issue. With respect to real estate transactions, numerous statutory causes of action have been created to protect buyers of real property from sellers and their brokers who are armed with superior knowledge about the condition of the property for sale. See Wis. Stat. § 709.01 et seq. (seller's disclosure obligations); see also Wis. Stat. 452.133 (broker's disclosure obligations). Further, disputes among neighboring landowners are common, which can give rise to various common law claims such as trespass, nuisance, and adverse possession.
We regularly advise clients on the various issues that arise in the context of construction and real estate litigation. We understand the nuances and complexities of these industries and often employ creative dispute resolution strategies to reach a successful outcome. Call us today to find out how we can help.
- Lead counsel for general contractor in a fee dispute against owner and various lending institutions following the successful completion of a multi-million dollar construction project to improve the clubhouse at one of Wisconsin's premier golf courses. See 12 Gauge Construction, LLC v. Hawks Golf Land, LLC et al., Case No. 2020-CV-000326 (Dane County Circuit Court) (currently pending).
- Lead counsel for plaintiff-real estate buyers who asserted they were defrauded in connection with the purchase of their home by the sellers who failed to disclose certain defects on the Real Estate Condition Report; following extensive litigation, the case settled under confidential terms favorable to the firm's client. See Boll v. Hofmeister et al., Case No. 2019-CV-000514 (Milwaukee County Circuit Court).
- Secured a complete defense verdict in a complex construction dispute venued in Volusia County, Florida with nearly $1MM at stake. See MSC Waterworks Company, Inc., f/k/a Mainline Supply of Florida, LLC v. Masci Corporation, et al., Case No. 2012-31274-CICI (Volusia County Circuit Court).
- Regularly counsel homeowners regarding the scope and enforceability of restrictive covenants.