Real Estate, Development, Construction

Litigated and successfully mediated multiple cases on behalf of a construction industry client, each resulting in favorable settlements and payments to client.

Defended affiliate companies of a client sued in parallel cases spanning two jurisdictions, arising from a construction project involving delays. The Plaintiff commenced a Declaratory Judgment action seeking to pierce the corporate veils of non-contracting parties to recover more than $18 million it claimed in liquidated damages. Upon review of our Motion and Memo of Law, the plaintiff, represented by a large law firm, conceded and discontinued the New York litigation.

Represented the seller in the sale of a 1 million-plus-square-foot Class A office building in downtown St. Louis, Missouri, in a unique separate sale of the fee ($25.9 million) and the leasehold estate ($120 million).

Negotiated a $7.5 million delay damages settlement for construction company client over the renovation of a National Historic Landmark building in New York City. The one-year project took three years for substantial completion due to design conflicts with existing conditions, interferences and changes, causing substantial increased costs for the client, a subcontractor. Successfully overcame legal hurdles including lack of privity, New York law that a general contractor is not liable for delay caused by an owner, and a “no damage for delay” contract clause.
 

Served as lead adviser to the shareholders of a construction materials manufacturer on its sale to a Swiss multinational chemical company.

Lead debtor’s counsel to real estate company in Chapter 11 proceeding.

Served as lead trial counsel in numerous jury and bench trials in the state and federal courts in Kansas and Missouri. Successfully argued numerous cases in the Kansas and Missouri appellate courts, and before the Eighth and Tenth Circuit Courts of Appeal. Cases have involved construction defects, architect and accountant liability, title insurance and bad faith, and creditors’ rights claims.

Supervised and managed over 4,000 non-judicial foreclosures in Missouri for successor trustee under deeds of trust regarding residential and commercial properties.

Served as lead trial counsel to surety in successful litigation finding that surety was not liable due to general contractor’s failure to properly declare default and trigger bond obligations.

Served as real estate counsel in approximately $10 million acquisition of mining operations and associated real estate in southwest Missouri, including negotiation of the purchase and sale agreement; drafting and negotiation of several new easement agreements for cross access, utilities and rights of way; negotiation of new mineral leases; and extensive title and survey review of approximately 880 fee-owned acres and approximately 1,000 leased acres of real estate.

Assisted a client in creating two new commercial condominium units in Maplewood, Missouri, including site evaluation, management of related legal issues, and negotiation with the Missouri Department of Transportation regarding their use of common ground for state highway expansion.

Evaluated site options and conducted due diligence on behalf of a rehabilitation company in advance of a deal for future development.

Served as local counsel to a national REIT in the purchase of a retail center in Illinois. Drafted local opinion letters and handled due diligence.

Served as lender's counsel for a $9.6 million equity bridge loan related to the development of a 236-unit low-income housing tax credit project in Detroit, Michigan.