Real Estate Litigation

Anderson Kill’s real estate litigators represent owners, developers, commercial tenants, commercial landlords, contractors, architects and governmental agencies in real estate and zoning disputes. Our attorneys handle all facets of litigation and have substantial experience both conducting trials involving real estate and construction matters and handling appeals.

We also advocate our clients' positions in non-litigation settings. We have successfully resolved numerous disputes through mediation, arbitration and settlement discussions. We attempt to resolve disputes without litigation and in accordance with the overriding business purposes of our clients who also benefit from the firm’s extensive transactional experience. When disputes cannot be resolved informally, by settlement, or other alternative dispute resolution, we have successfully handled multi-week court trials and arbitration hearings, and both pre-trial and post-trial appeals.

Some of the areas in which we have handled litigation include:
 

	Commercial lease disputes		Surrender and acceptance
	Lease renewal controversies and provision disputes		Non-payment
	Contract disputes		Holdover by tenants and sub-tenants
	“Yellowstone” injunctions (tolling cure periods)		Evaluation of property, including government takings
	Constructive eviction		Challenges to zoning decisions
	Warranty of habitability		Permitted uses under zoning regulations
			Mitchell-Lama

Construction Litigation

Property owners, contractors, and architects have all benefited from the experience and skill that Anderson Kill attorneys bring to resolving construction disputes. In construction, the main focus must always be on completing the job, in a timely manner, and with as few lingering, and expensive, disputes as possible. With that focus in mind, Anderson Kill attempts to resolve disputes without litigation and in accordance with the overriding business purposes of its clients. Consultation between the firm’s litigators and those Anderson Kill attorneys who have extensive transactional experience in the pre-construction and construction phases, provides a very valuable asset in assisting clients in resolving these disputes without litigation.

Where construction disputes cannot be resolved informally, by settlement, or other alternative dispute resolution. Anderson Kill attorneys have successfully handled multi-week court trials and arbitration hearings, as well as both pre-trial and post trial appeals, including appeals in the New York Court of Appeals.

Our attorneys handle matters such as:

	Defective materials used in construction
	Faulty design or construction
	Claims for “extra” work and scope changes
	Disputes over contract terms
	Claims that the work was delayed or not timely completed
	“Liquidation agreements”
	Architect licensing inquiries
	Mechanics’ liens
	Bond disputes
	Casualty loss
	Construction trust disputes
	Environmental Control Board hearings

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