Construction and Real Estate Litigation

Recognizing the complex legal challenges of the real estate and construction industry, we developed a Construction and Real Estate Law Litigation practice specializing in litigation and dispute resolution. Our practice combines the expertise of trial attorneys with backgrounds and experience in real estate and construction disputes with the strong practical skills and industry knowledge of attorneys in related areas. This interdisciplinary approach ensures clients receive cutting edge counsel on the increasingly specialized problems of their industries.

Attorneys in the Construction and Real Estate Litigation practice area work in teams to resolve client issues in accordance with their goals. Team members have developed the knowledge and experience to handle issues ranging from everyday mechanics liens and landlord/tenant problems to more sophisticated real estate and construction contract claims, land use and zoning disputes, as well as eminent domain. Our interdisciplinary approach focuses on the practical concerns of real estate and construction industry clients, clients who want to refer their legal problems to one law firm for resolution. Because of our depth, resources and approach, one cooperating team of attorneys can address the legal aspects of project development from land acquisition, design, development and construction issues to contract negotiation, claims advice, litigation, bankruptcy and issues in between.

Our clients include real estate developers, contractors, banks, property owners and governmental entities. Whatever their perspective on project development, our real estate and construction industry clients appreciate our team approach to helping make their projects successful. They depend on us because we understand the issues they face, and we have the expertise and resources to help them solve their problems. Knowing the time sensitivity of most project development, we focus first on resolving disputes and solving problems.

When litigation is necessary, our clients know that we have demonstrated success in the court system especially in the state and federal courts of Missouri and Illinois where our attorneys practice regularly. Our resources include sophisticated litigation support capabilities with software especially developed for construction and real estate visuals. Our technological capabilities ranked us among the top 10 percent of law firms nationwide in a study by PricewaterhouseCoopers.

Representative Clients
Our clients include lenders, contractors, government entities and developers:

Representative Projects and Matters

• A Firm attorney led the negotiations and prepared the agreements for the construction of a $200 million clean air scrubber project for a power plant.
• We recently revised form construction contracts and related documents for the City of St. Charles, Mo., and for a major road construction contractor.
• Representing the owner of a recently constructed large office building in the City of St. Louis, Mo., who had been sued by the general contractor for $26 million, we successfully moved the case from St. Louis City Circuit Court into arbitration. The arbitrators denied the contractor's claim in full and awarded the client the full amount of its counterclaim.
• Our lawyers successfully defended one of the largest home/residential apartment builders in the nation in a case in which the plaintiffs claimed alleged numerous code violations as evidence of the defendant's failure to design and build in conformance with standards of due care.
• We have represented owners in claims against design professionals and contractors in claims against subcontractors. We currently represent a major architectural firm in a case in which the plaintiff has alleged a variety of design/build defects.
• We successfully represented developers in zoning disputes with the cities of Chesterfield, Creve Coeur and Town & Country, Mo., among others, paving the way for major commercial developments.
• Our attorneys represented the St. Louis Zoo in a successful lawsuit against an architectural firm and others in connection with the design and construction of a large exhibit inside the zoo's Living World building.
• Through eminent domain proceedings, we have helped clients assemble the land for such major transportation and redevelopment projects as the 17-mile Metrolink light rail extension in St. Clair County, Illinois, and the TIF-assisted Brentwood Promenade in Missouri.
• One of our attorneys conducted arbitration proceedings before a three-member arbitration panel on behalf of the National Benevolent Association. The matter involved architectural malpractice in connection with the renovation of a nursing home in Jacksonville, Ill. The panel decided in favor of our client.
• We are currently handling litigation involving alleged professional malpractice against an architect and a case involving alleged prototype design violations.
• Other recent cases include defense of roof design, building collapse, concrete structural failures, luxury home construction, design problems, roof truss problems and delay damages with respect to road building.