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REAL ESTATE AND CONSTRUCTION LITIGATION

Recognizing the complex legal challenges of the real estate and construction industry, our practice combines experienced trial attorneys with backgrounds in real estate and construction disputes and 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.

Our team members have developed the focused 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.

Thompson Coburn’s 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 strategic approach, one cooperating team of attorneys can address all legal aspects of project development from land acquisition, design, development and construction issues to contract negotiation, claims advice, litigation, bankruptcy and any and all 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 know we have the experience 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 Thompson Coburn has demonstrated credibility in the court system. Our attorneys practice regularly in state and federal courts of Missouri and Illinois. Firm resources include sophisticated litigation support capabilities with software especially developed for construction and real estate visuals.

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 a Missouri city and for a major road construction contractor.

Representing the owner of a recently constructed large office building in the City of St. Louis who had been sued by the general contractor for $26 million, Thompson Coburn successfully moved the case from St. Louis City Circuit Court into arbitration. The arbitrators denied the contractor’s claim in full and awarded the firm’s client the full amount of its counterclaim.

Thompson Coburn successfully defended one of the largest home/residential apartment builders in the nation in a case where 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 presently represent a major architectural firm where the plaintiff has alleged a variety of design/build defects.

The firm has successfully represented developers in zoning disputes with the Cities of Chesterfield, Creve Coeur and Town & Country, among others, paving the way for major commercial developments.

The firm represented the Saint 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 Living World building.

Through eminent domain proceedings, the firm has helped its clients assemble the land for such major transportation and redevelopment projects as the 17-mile Metrolink extension in St. Clair County, Illinois, and the TIF-assisted Brentwood Promenade.

A firm attorney 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 the firm’s client.

The firm is presently handling litigation involving alleged professional malpractice against an architect and a case where there are 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.

Represented a real estate fund with respect to enforcement of capital contribution provision and defense of claims of breach of fiduciary duty.

Represented buyer with respect to defense of broker’s claim for commission and prosecution of claim for breach of fiduciary duties concerning large collection of single family homes.

Represented commercial landlords and tenants with respect to disputes concerning “use” provision.

Blog Posts

Federal Interest Rate Cut and Potential Impacts on Commercial Real Estate

No Crystal Ball Required: Fraudulent Concealment and Contract Risk

Get It Right The First Time: The Implications of Recording a Defective Lis Pendens

Landlords and tenants: Pay close attention to your force majeure provisions

CA appellate court ‘sounds off’ on neighborly dispute over noisy property

What real estate parties should consider for letters of intent

Why plaintiffs should think twice before recording a lis pendens

Enforcing a mechanic’s lien in California? Don’t waive your right to arbitrate the dispute

Lions and tigers and bears, oh my!

How much is too much? NY AG stops Simon Property from enforcing its 60-mile radius restriction

Publications

Project owners can effectively combat contractors’ efforts to use the Spearin Doctrine as a sword with strategic planning beforehand

Missouri real estate dispute spotlights the limits of oft-used contract phrase

‘Waters of the United States’ rule from EPA, Corps may make real estate development more easily achievable and less costly

Could graffiti art prevent your redevelopment project?

The hidden exposure of tenant estoppels and SNDAs

Missouri appellate court opens the door to Spearin claims by contractors against public entities

Due diligence checklist for commercial real estate acquisitions

Construction due diligence: Sooner is always better than later

TCLE

Help from the Dark Side: A Litigator's Perspective on Commercial Real Estate Issues

Ethics - Confidentiality Issues Re: Attorney Client Privilege and Information

Partner
New York

John draws on his more than 30 years of litigation experience to represent a wide variety of clients in federal and state trial and appellate courts.

John draws on his more than 30 years of litigation experience to represent ...

John Amato
Partner
Chicago

Tina Bird has extensive experience on a national level representing major clients in business, construction and real estate.

Tina Bird has extensive experience on a national level representing major c...

Tina Bird
Senior Counsel
St. Louis

Mary has spent her  40-year career representing major corporations in high-stakes trials and arbitrations.

Mary has spent her  40-year career representing major corporations in ...

Mary Bonacorsi
Partner
Los Angeles

A senior litigator with more than 30 years of experience, Jeff Brown develops and executes highly effective litigation strategies for clients facing all types of complex ...

A senior litigator with more than 30 years of experience, Jeff Brown develo...

Jeff Brown
Partner
Dallas

Katie represents clients before bankruptcy courts, federal and state trial courts, arbitration panels and appellate courts nationwide.

Katie represents clients before bankruptcy courts, federal and state trial ...

Katharine Clark
Partner
St. Louis

David Dick is the firm's general counsel.

David Dick is the firm's general counsel.

David Dick
Partner
Dallas

Ryan is an experienced employment law attorney who serves as a trusted advisor and effective litigator for employers of all sizes.

Ryan is an experienced employment law attorney who serves as a trusted advi...

Ryan Gehbauer
Associate
St. Louis

Josh is a member of the Real Estate practice group.

Josh is a member of the Real Estate practice group.

Joshua Jay
Partner
St. Louis

Ryan has a broad and diverse practice serving clients navigating sophisticated matters related to air, water, land, energy, agriculture, emergency response and climate is...

Ryan has a broad and diverse practice serving clients navigating sophistica...

Ryan Russell Kemper
Partner
St. Louis

Brian is a business litigator representing plaintiffs and defendants in complex commercial litigation and internal compliance issues across many industries.

Brian is a business litigator representing plaintiffs and defendants in com...

Brian Lamping
Partner
New York

Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest...

Steve represents financial institutions, businesses and constituencies in m...

Steven Mandelsberg
Partner
New York

Consistently recognized for his dynamic, passionate, and resolute approach, Zachary delivers practical, tactical, and experienced advice to a diverse clientele that inclu...

Consistently recognized for his dynamic, passionate, and resolute approach,...

Zachary Newman
Partner
St. Louis

Paul is a highly effective litigator and regulatory compliance attorney who has resolved environmental and real estate/construction disputes in state and federal courts a...

Paul is a highly effective litigator and regulatory compliance attorney who...

Paul Sonderegger
Partner
St. Louis

Peter is an environmental attorney who helps companies respond to major environmental incidents, navigate regulatory actions and successfully resolve civil and criminal l...

Peter is an environmental attorney who helps companies respond to major env...

Peter Stark Strassner
Associate
St. Louis

Rose assists clients with a wide variety of business litigation matters.

Rose assists clients with a wide variety of business litigation matters.

Rose Tanner