Real Estate Litigation

Successfully defended five employees against claims brought by former employer alleging breaches of fiduciary duties, conspiracy, and misappropriation of trade secret claims.

Represented a development company and successfully obtained a summary judgment on liability and an award of specific performance related to the breach of a real estate contract.

Successfully represented a multi-location dental practice in bad faith claims against an insurance company involving loss of business income, loss of equipment and inventory, and reimbursement for continuing operating expenses and expenses in connection with moving dental practice to temporary locations.

Successfully represented a development company in an arbitration proceeding to remove a $500,000 mechanic’s lien recorded by a contractor against the property.

Successfully represented a development company asserting professional negligence and breach of contract claims against an architectural firm for errors and omissions that caused significant cost overruns during the construction of a $40 million dollar multi-family development.

Represented a client that provides offshore mooring systems for the energy industry in the acquisition of the equity of a provider of anchoring and mooring solutions and its subsidiaries. The complex cross-border transaction involved the acquisition of assets located on and entities domiciled in at least twelve different countries and negotiations of definitive agreements with legal counsel in Norway.

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 a developer of a residential master plan community in connection with a lawsuit brought by grading contractor seeking multi-million dollars in damages, along with counterclaims for liquidated damages against the contractor. Obtained summary judgment at the trial court on substantially all the contractor’s claims, which was successfully defended on appeal before the United States Fifth Circuit Court of Appeals. Resulted in a favorable settlement for the client.

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 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 a national 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 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 the owner of a shopping mall in connection with lawsuit brought by tenant seeking a writ of reentry into the leased premises following repossession by owner. Successfully defended the application for reentry and obtained judgment for recovery of attorneys’ fees for filing lawsuit in bad faith.

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

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.

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 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.

Represents a national real estate investment trust in connection with all landlord/tenant disputes for its shopping mall properties in Texas.

Represented a Texas-based home builder in AAA arbitration against construction defect claims made by a home buyer. Obtained a no liability finding and an award of attorneys’ fees for client.

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.

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 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.

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

Defending a technology managed services firm against claims for breach of a commercial lease.

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.

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.

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

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

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

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.

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 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.

Represents a national real estate investment trust in connection with all landlord/tenant disputes for its shopping mall properties in Texas.

Represented a Texas-based home builder in AAA arbitration against construction defect claims made by a home buyer. Obtained a no liability finding and an award of attorneys’ fees for client.

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.

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 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.

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

Defending a technology managed services firm against claims for breach of a commercial lease.

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.

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.

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