Litigation
Morgan Miller Blair’s real estate litigators have extensive experience successfully representing investors, developers, homebuilders, landlords and other real estate players in complex federal and state court litigation, commercial arbitrations, mediations, and administrative agency challenges and appeals. Working in partnership with our clients and the firm’s general business, real estate and land use attorneys, Morgan Miller Blair’s litigators take an aggressive but practical and businesslike approach that focuses on developing and implementing effective dispute resolution strategies.
Our litigators provide some of their most effective counsel in pre-litigation settings when claims are still on the horizon, and in structuring settlements and crafting documents that clearly allocate risk and head off claims. Morgan Miller Blair’s real estate litigators have experience in the following areas:
- Purchase and Sale Transactions and Land Acquisition. Disputes arising from real estate purchase transactions including actions for specific performance, lis pendens and motions to expunge; breach of contract and rescission; intentional interference with contracts or prospective business advantage; contract formation; easements and title issues; escrow disputes; and post-closing disputes related to fraud and concealment.
- Landlord/Tenant. Lease interpretation and enforcement; unlawful detainer and lease termination; cost pass-through and rent disputes.
- General Business Disputes. General real estate-related business disputes such as founder/owner/partnership/joint venture disputes; asset and stock purchase litigation; trademark and intellectual property rights, trade secrets and covenants not to compete; and all types of employment issues including discrimination, harassment and retaliation.
- Land Use & Entitlements. A wide variety of land use disputes, including pursuing and defending writ petitions challenging agency decisions regarding entitlements, permits, and CEQA compliance; protesting and litigating excessive conditions, exactions, and impact fees in both facial and as-applied contexts; and defending property and business owners in eminent domain/condemnation actions.
- General Construction. Payment, delay and performance disputes; bidding issues; mechanics liens, and performance and release bonds; labor union disputes and site picketing; liability for work site injuries; and risk management.
- Homebuyer Sales. Purchase contract disputes; return or retention of deposits; discrimination claims arising out of refusal to sell to troublesome potential homebuyer; enforcing owner occupancy requirements and anti-speculation provisions; fraud claims.
- Construction Defects; Insurance. Post-closing counsel related to alleged construction defects from homebuyers and response to customer service and SB 800 claims; enforcement of design, consulting and construction contracts and subcontracts; pursuit of coverage under builder’s, consultants’ and subcontractors’ insurance policies; insurer bad faith claims; construction defect litigation.