Real Estate Litigation

View as PDF
Overview

Our Clients

Katten's national Real Estate Litigation practice earns respect in all aspects of the field through its high-profile, high-value work on behalf of a wide range of real estate industry participants. We are retained by many of the nation's leading lenders, developers, contractors, institutional property owners and investors.

Our Services

Blending a broad knowledge of real estate law and business practice with well-honed skills in litigation and alternative dispute resolution, our real estate litigators provide practical advice and counsel throughout the life cycle of a real estate project. Katten's Real Estate Litigation team loves a good challenge—when faced with complications, we thrive. Our team works closely with clients to develop the deep institutional knowledge needed to help them stay in front of litigation challenges and keep critical projects on track.

Lenders benefit from our extensive litigation experience with borrowers over loan commitments, loan defaults and associated debt and collateral recovery; with secured and mezzanine lenders relating to priority and intercreditor obligations; and with mechanic lienors over priority rights to the real property and loan proceeds.

National property owners and real estate management companies responsible for prominent shopping centers and office and industrial buildings frequently turn to us to resolve disputes with retail and commercial tenants over unpaid rent, repair and restoration obligations, purchase and sale agreements, and rights of first refusal.

Our experience litigating contract disputes, construction claims and zoning disputes allows us to help owners, developers, general contractors, construction managers and trade contractors effectively manage challenges related to the development and construction of retail properties, condominiums, office buildings, hotels and industrial properties.

We also represent real estate investors in matters involving issues of control and distribution of funds; disputes involving real estate partnerships and limited liability companies, and closely held and family corporations; and loan participations and securitized loan pools.

Experience
  • Representation of unit owners in the foreclosure of $34 million of general contractor mechanic's lien claims and $12 million of associated subcontractor mechanic's lien claims involving a luxury condominium project in Chicago's Gold Coast neighborhood, together with the associated construction and constructive trust claims.
  • Representation of a major golf course lender in the foreclosure of two prominent Columbus, Ohio courses and in the defense of lender liability counterclaims.
  • Representation of a lender in a collection of five cases pending in federal district courts in Manhattan and Arizona and state courts in Arizona and Texas arising out of a failed resort/residential development in the Phoenix area and involving loan default, conditions precedent to draw requests, fraud, fraudulent transfers, violation of transfer prohibitions and unjust enrichment.
  • Successful negotiation of settlement of foreclosure suit against the owner of a multifamily residential property located in Chicago's prestigious Hyde Park neighborhood, which netted client an investment return of three quarters of a million dollars in less than a year.
  • Representation of a mezzanine lender that took over the operation of a luxury golf course on Florida’s Gulf Coast against fraud, negligent misrepresentation and breach of contract claims by club members arising from the course’s closure.
  • Representation of a lender/purchaser of Chicago suburban commercial property regarding a foreclosure and counterclaim for alleged breach of contract and negligent misrepresentation.
  • Successful representation of waterfront land owners in a years-long land use and environmental dispute involving the Critical Area regulations in the Chesapeake Bay region. This case ended up before the Maryland Court of Appeals with a successful result in the highest court in the state.
  • Representation of a large real estate developer that owns a landmark property in downtown Washington, DC in its land use dispute with a competing real estate developer owning adjacent property.
  • Representation of an optionee on an action to exercise the option to purchase Chicago commercial property and related tortious interference claims.
  • Representation of a lender in related actions to foreclose a Florida condominium project and terminate note purchase agreement.
  • Successful representation of a major downtown Washington, DC building owner committed to modernizing and redeveloping its building in litigation against several tenants determined to halt the redevelopment efforts, and advised other DC building owners facing similar tenant challenges prior to litigation being filed.
  • Representation of a national real estate developer in construction litigation with a state agency over the redevelopment of several state buildings, successfully defending the client in more than $11 million in claims and obtaining discovery sanctions award of $90,000 against the state.
  • Representation of a developer of a luxury condominium project in the Gold Coast neighborhood of Chicago regarding alleged defects in the construction of the plumbing system, involving statute of limitation, exculpatory clause defenses, and related indemnity and construction claims against architects, engineers, contractors and the predecessor developer.
  • Successful representation of a national real estate developer in construction arbitration in North Carolina against its general contractor obtaining a $14 million judgment.
  • Representation of an owner of 400 acres of undeveloped lakefront land in western Michigan in constitutional claims against the local township arising out of down-zoning of the property. Provided counsel on earlier state court matters for partition and declaration of access easement.
Firm News
Events
May 7, 2015
April 9–10, 2015
Commercial Real Estate Financing 2015 | Practising Law Institute | Chicago, Illinois

Recognition

Real Estate Law (Charlotte), 2011–2017
Real Estate Law (Chicago), 2011–2017
Real Estate Law (Los Angeles), 2011–2017
Real Estate Law (Washington, DC), 2011–2017
Real Estate – Commercial Property: Hotels and Leisure, 2012–2016

Real Estate Law Firm of the Year by Lawyers World

2013
Real Estate (Nationwide), 2012–2016
Real Estate: Finance (North Carolina), 2012–2016
Real Estate Law (New York), 2011–2017
Law Firm of the Year in Litigation – Real Estate, 2013, 2016
Real Estate (Illinois), 2006–2016
Real Estate and Construction – Real Estate, 2013–2016
Property Litigation, 2012, 2014
Real Estate (Charlotte), 2010, 2014
Litigation – Real Estate (National), 2012–2017
Law Firm of the Year in Real Estate, 2014

Finance Monthly Law Awards – Commercial Real Estate Law Firm of the Year – USA

2013

Finance Monthly Law Awards – Real Estate Law Firm of the Year – USA

2012

International Fund Awards – US Real Estate Law Firm of the Year

2013
Litigation – Real Estate (New York), 2012–2017
Litigation – Real Estate (Washington, DC), 2012–2017
Real Estate Law (National), 2012–2017
Construction (including Construction Litigation), 2016
Real Estate – Commercial Property, 2013–2016
Litigation – Eminent Domain & Condemnation (New York), 2012
Litigation – Eminent Domain & Condemnation (Washington, DC), 2012
Real Estate – Team of the Year, 2014
Litigation – Real Estate (Los Angeles), 2012
Previous Next

Recognition

Real Estate Law (Charlotte), 2011–2017
Real Estate Law (Chicago), 2011–2017
Real Estate Law (Los Angeles), 2011–2017
Real Estate Law (Washington, DC), 2011–2017
Real Estate – Commercial Property: Hotels and Leisure, 2012–2016

Real Estate Law Firm of the Year by Lawyers World

2013
Real Estate (Nationwide), 2012–2016
Real Estate: Finance (North Carolina), 2012–2016
Real Estate Law (New York), 2011–2017
Law Firm of the Year in Litigation – Real Estate, 2013, 2016
Real Estate (Illinois), 2006–2016
Real Estate and Construction – Real Estate, 2013–2016
Property Litigation, 2012, 2014
Real Estate (Charlotte), 2010, 2014
Litigation – Real Estate (National), 2012–2017
Law Firm of the Year in Real Estate, 2014

Finance Monthly Law Awards – Commercial Real Estate Law Firm of the Year – USA

2013

Finance Monthly Law Awards – Real Estate Law Firm of the Year – USA

2012

International Fund Awards – US Real Estate Law Firm of the Year

2013
Litigation – Real Estate (New York), 2012–2017
Litigation – Real Estate (Washington, DC), 2012–2017
Real Estate Law (National), 2012–2017
Construction (including Construction Litigation), 2016
Real Estate – Commercial Property, 2013–2016
Litigation – Eminent Domain & Condemnation (New York), 2012
Litigation – Eminent Domain & Condemnation (Washington, DC), 2012
Real Estate – Team of the Year, 2014
Litigation – Real Estate (Los Angeles), 2012

OUR CLIENTS SAY...

"They have a deep bench and deep experience in real estate that has been developed over the years."

Chambers USA 2016
(Real Estate)

Katten Websites   Careers  |  Alumni  |  Mobile Site
Contact Us   Offices  |  Media Center  |  People  |  Email
Legal Notices   Disclaimer  |  Privacy Policy  |  Attorney Advertising
Contact Us