Real estate disputes – whether they involve purchase and sale contracts, partnership disputes, claims involving breach of fiduciary duty, commercial leases, property insurance, property tax assessments, design and construction defects or boundaries – require litigation expertise to resolve. Cooley Godward Kronish’s Real Estate Litigation group consists of skilled, experienced litigators who collaborate with top Cooley attorneys in related fields to achieve the most favorable outcomes for our clients.- Our fiduciary duty, partnership and contract disputes representation has resulted in multi-million dollar judgments and defense verdicts in favor of our clients
- We have represented buyers and potential buyers of real estate in a variety of disputes
- We have litigated land use restrictions on behalf of such diverse clients as a vineyard owner, hotel owners/developers, and developers of commercial and residential properties
- We have represented property owners in disputes over boundary lines and easement rights, enforcement of seismic retrofitting requirements and a neighboring property owner’s failure to comply with zoning and permit requirements
- We have represented the owners of multimillion dollar residences with major design and construction deficiencies, pursuing claims against their contractors and others
Our group also has extensive experience with environmental matters including:
Representing clients in pursuit and defense of claims arising under the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA)
Contesting and responding to agency orders
Representing plaintiffs and defendants on soil and groundwater contamination claims, including related air emission issues and related insurance actions
Assisting with alleged CERCLA (Superfund), RCRA, Proposition 65, Clean Water Act and other statutory violations
Pursuing/defending claims of alleged exposure to hazardous materials, including chemicals, mold, bacteria, radioactive materials, asbestos and lead paint
Our experience in adversarial proceedings includes trials before judges and juries as well as alternative dispute resolution forums such as nonbinding mediation and binding arbitration. While we favor resolving disputes outside the courtroom, we are fully prepared to try any case in state or federal trial and appellate courts. In every instance, our goal is always the same: to provide the best, most cost-effective service for our clients who include property owners, sellers, buyers, developers and investors, as well as lenders, borrowers, landlords, and tenants.
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