Real Estate - Litigation

A Secure Foundation


Blank Rome’s litigation, real estate, and construction attorneys help clients resolve disputes through mediation and, when necessary, arbitration and litigation.

We advise our clients on:

Construction Litigation

  • construction contract disputes
  • delay claims
  • defective design and construction issues
  • construction-site personal injury
  • performance and payment bonds
  • architect and engineer malpractice
  • government contracts

Condemnation, Zoning, Land Use, and Regulatory Disputes

  • eminent domain
  • de facto condemnations
  • land-use civil rights
  • HUD/FHA litigation
  • public accommodation litigation, including actions involving the Americans with Disabilities Act
  • landlord and tenant disputes

Transactional Litigation

  • real estate and construction project financing
  • insurance disputes
  • partnership disputes
  • enforcements of agreements and specific enforcement actions
  • landlord/tenant disputes
  • quiet title actions

Foreclosures and Workouts

  • foreclosure
  • adverse possession
  • mechanics' liens
  • brokers' and agents' liability

Environmental Litigation

  • Superfund litigation
  • internal investigations
  • toxic torts, including “sick building” disputes
  • riparian rights

Select Engagements

  • Secured damages for a major New York developer’s warehouse store for faulty design and construction of the roof and concrete slab.
  • Obtained a defense verdict and secured it on appeal for a national theatre chain in a $60 million breach-of-development claim on a 30-year lease.
  • Defended a large, urban mass-transit system against a claim of de facto demolition.
  • Represented a public housing authority in acquiring property through condemnation proceedings to construct new senior-citizen housing.
  • Defended a New Jersey shopping-center developer against claims by a general contractor and a seller of property related to unpaid construction costs.
  • Coordinated a national class-action defense on behalf of a major chemical company against claims alleging that defective fire retardant–treated plywood was used in town-home developments.
  • Represented a site-improvement contractor in a suit for payment due for rehabilitation of an earthen dam.
  • Defended a North Carolina manufacturer of concrete and masonry repair products in an action related to alleged construction defects in a Bronx, New York, residential complex.
  • Represented a manufacturer of custom-designed steam-turbine generator in a performance dispute with a waste-to-energy manufacturer.
  • Mediated, in three days, the settlement of construction of complex defect claims in a 97-unit development on the Delaware River.
  • Represented a contractor alleged to have not done work properly in the renovation of five bridges.
  • Protested and secured a low-bidder set-aside of a proposed award of contract to a bidder with an identical merit score who had slightly higher costs.
  • Challenged evaluations of bids by government contracting officers who failed to hold meaningful discussions.
  • Defended against worker’s claim of alleged injury while erecting a scaffolding around a transformer scheduled to be taken out of service.
  • Minimized a settlement by a German manufacturer of steel products used in placements of a prefabricated concrete structure that allegedly failed during construction operations.
  • Represented a hospital in an architectural-malpractice action involving change orders required during construction of an extension to the hospital, due to failure of the design to accommodate regulatory requirements for equipment necessary for patient care.
  • Aggressively pursued a developer’s right against township, county, and state governments in both state and federal courts over issues involving land use permits, environmental regulations, and local-government misconduct.
  • Authored winning briefs on behalf of an owner/developer of a theater project that changed the standard governing substantial due process claim in land-use context and claims of qualified immunity.
  • Won a jury verdict for a mall in an action to enforce easement rights against an adjoining landowner alleging fraudulent inducement of a real estate deal by an anchor tenant that abandoned mold-ridden premises.
  • Brought suit in Texas against an adjoining neighbor whose manufacturing operations polluted the ground water under our client’s property for the value of a lost sale.
  • Represented a hospital in a quiet title action over an adjacent parcel of land needed for an expansion of its patient facilities.


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