$32 Million Construction Loan for Distribution Facility
Represented purchaser and developer in the acquisition and development of an approximately 830,000 sq. ft. distribution facility in St. Louis, Missouri, including the closing of a related $32 million construction loan.
Representation of National Developers in Significant Joint Venture
Represented two national developers in a joint venture project in Clayton, Missouri, to secure the zoning, permitting and governmental incentives for the construction of a mixed-use project of approximately 300 apartments and over 40,000 sq. ft. of commercial space.
Successfully Negotiated Property Vacation of Delinquent Tenants
Successfully negotiated the peaceful vacation of properties and payment of all past-due rent and other fees from delinquent tenants through the initiation of eviction proceedings, and ultimately, the preparation and execution of complex settlement agreements.
National Counsel for Commercial Real Estate Company
Served as national counsel, monitored litigation progress, and hired local counsel for commercial real estate company with lawsuits in multiple jurisdictions.
Defeated Actions Against $72 Million Apartment Development in Missouri
Defeated actions for a declaratory judgment and a writ of mandamus that permitted the construction of a $72 million residential apartment tower in Clayton, Missouri, that was upheld by the Missouri Court of Appeals for the Eastern District in 2015.
Redevelopment of Blighted Industrial Area
A blighted industrial area of St. Louis, strategically located near several major institutions, required assistance to redevelop. We structured and gained approvals for a complex, multi-phase redevelopment project supported in part by tax increment financing. Roughly five years in, over $600 million has been invested in construction, creating 5,000 jobs and completely transforming a 167-acre area.
Citations Vacated for Client in Fatality Involving Construction Crane
Defended company in an OSHA evidentiary hearing involving a fatality on a crane. At the conclusion of the hearing, the Administrative Law Judge vacated all citations.
Summary Judgment for General Contractor in $8 Million Breach of Contract, Negligence Case
Obtained summary judgment on behalf of general contractor regarding real estate developer’s claims of breach of contract and negligence seeking damages in excess of $8 million dollars with respect to alleged construction defects.
Citations Vacated for Client in OSHA Evidentiary Hearing
Defended company in OSHA evidentiary hearing in which company asserted that installation of wood trusses constituted steel erection. Administrative Law Judge agreed and vacated the citations.
Obtained Favorable Judgment for General Contractor
Obtained judgment in favor of general contractor regarding hotel owner’s claims of defective construction.
Obtained Judgment Permitting Grocery Chain Development After Five-Day Trial
Represented a grocery chain in a five-day trial in the Circuit Court of St. Louis County, Missouri, over changes in municipal zoning in 2010. Obtained a judgment that upheld the zoning and permitted the development of a grocery store.
Settlement in Real Estate Lease Dispute
Obtained a significant monetary settlement in a massive real estate lease dispute involving tens of millions of dollars. In the process, the firm was able to pierce a triple net lease through allegations of sham transactions and alter ego liability.
No Negligence in MSHA Mine Fatality
Persuaded MSHA to make a determination of no negligence in a mine fatality in which the employee was struck by equipment being hoisted.
Six-Figure Verdict After One-Week Jury Trial
Won a six-figure verdict in a civil conspiracy/fraud/breach of contract case, including punitive damages, for a construction company after a one-week jury trial.
Successfully Defended Contractor in Arbitration Against Seven-Figure Claim
Defended general contractor in seven-figure claim brought by an asbestos contractor in arbitration. Arbitrator’s award to asbestos contractor was five percent of the amount sought and was less than the general contractor had offered in settlement.
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