Litigation

Construction & Real Estate Litigation

Our Construction and Real Estate Litigation attorneys provide comprehensive representation to established and emerging businesses in every aspect of litigation. We advocate for our clients in state and federal courts and represent their interests before administrative agencies and city governments. 

Our clients include a diverse range of industries and sectors, from public and private companies to REITs and financial institutions. We also work with investment funds, architects, engineers, contractors, landlords, tenants, and developers across various types of properties such as shopping centers, mixed-use projects, housing, offices, industrial sites, residential communities, and multi-family units.

Additionally, we work with retailers, homeowner associations, condominium associations, buyers and sellers, brokers, public sector entities, government agencies, and utility companies.

Our Experience

  • Successfully prosecuted a real estate fraud claim for an investor involving a condominium conversion project, recovering 100% of the initial investment and attorneys' fees incurred in prosecuting action in federal court
  • Successfully defended a multi-million-dollar federal court breach of contract claim related to the termination of a commercial lease agreement
  • Successfully brought a malpractice action against a real estate appraiser and recovered the defendant's errors and omissions policy limit at the close of discovery
  • Represented a housing authority in a $10 million bidding contract dispute
  • Obtained a federal court injunction to prevent a township from depriving a developer of commercial zoning
  • Coordinated litigation involving fraud and negligence in loan activity related to a golf resort project
  • Successfully defended a mid-size engineering firm in the against claims alleging structural defects on a multi-million-dollar residence causing cracks in walls, wood trim, flooring and the ceiling of the home
  • Successfully defended a Midwest-based roofing materials manufacturer against claims brought by a condominium association alleging defective materials, among other things, in connection with water intrusion problems in Southeast Florida  
  • Successfully represented a consulting engineering firm in connection with its role overseeing, engineering and performing repairs to a series of railroad bridges
  • Successfully defended a mid-size architectural firm in connection with the design and engineering of a local elementary/high school building
  • Successfully represented a public library system seeking recovery of costs incurred to repair a faulty exterior installed on a new suburban branch building 
  • Argued construction cases throughout the United States.
  • Served as mediator and arbitrator in construction disputes
  • Defended numerous construction defect cases, seeking damages in excess of $50 million.
  • Represented and defended bidders as well as owners on bid challenges to the award of construction contracts
  • Represented contractors, subcontractors and suppliers on claims for additional compensation, delay damages and other relief on public and private construction projects of all types and sizes

What We Do

  • Handle general real estate litigation
  • Resolve commercial lease disputes 
  • Manage bond claims, delay claims, and design professional liability claims
  • Resolve construction defect litigation and disputes
  • Manage litigation, arbitration, and mediation
  • Handle covenant enforcement for condominium, cooperative, and homeowners' associations
  • Manage eminent domain and condemnation proceedings
  • Resolve construction lien and mechanic’s lien issues
  • Assist with mold and environmental-related matters
  • Litigate zoning issues
  • Resolve boundary disputes
  • Handle property tax value complaints
  • Manage breach of warranty and subrogation claims
  • Assist with evictions, foreclosures, and landlord-tenant disputes

Related Media & Events

  1. Alerts
    Criminal Penalties in Florida for Failing to Provide Affidavit about Foreign Entities at Closing - Jul 24, 2023
    When Does a Text Become a Binding Contract in Real Estate? - Jun 2, 2017
    New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases - Feb 2, 2017
    How the Grinch Stole Christmas? Hard Lessons from the Federal Eleventh Circuit - Dec 8, 2016
    Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority - Sep 27, 2016
    Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases - Sep 19, 2016
    Pipeline Companies Win Key Battles in War for Eminent Domain Rights - Sep 19, 2016
    With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages - Aug 4, 2016
  2. Articles
    Arbitration or Litigation? - Oct 28, 2020 - CE This Week, Construction Executive
    Ohio Court Refuses to Apply Statute of Limitations in Lease Validity Dispute - November 2018 - Ohio Gas & Oil
    School district's eminent domain plan may hinge on "necessity" definition - Aug 5, 2016 - CBA Today
    Avoiding Common Property Ownership Issues - 2016 - Properties Magazine
    Do Your Due Diligence - 2014 - Properties Magazine
    Asset Protection Opportunity for Physicians - 2013 - MD News Magazine
    Asset Protection for Developers/Builders - July 2013 - Properties Magazine
    Eight Years and Acres Later: Single Asset Real Estate Cases After BAPCPA - 2013 - 39th Annual SBLI Seminar, Southeastern Bankruptcy Law Institute
    Attorney's Fees - A Warning to Landlords - NULL - Properties Magazine
    Subleasing 101 - NULL - Properties Magazine
    Get It In Writing - A Primer on Real Estate Contracts - NULL - Properties Magazine
    Tenants in Common Agreements - The Pros & Cons - NULL - Properties Magazine
    Buyer Beware - Justifiable Reliance in Commercial Contracts - NULL - Properties Magazine
    Buyer Beware - Changes in Ohio's Foreclosure Law - NULL - Properties Magazine
    Representations & Warranties: Be Careful What You Say - NULL - Properties Magazine
    Transfer on Death Deeds - Preparers Beware - NULL - Properties Magazine
    The Mortgage Forgiveness Debt Relief Act of 2007 - Boom or Bust - NULL - Properties Magazine
    Death of Toxic Mold Cases? An Overview of Recent Developments in Toxic Mold Real Estate Litigation - NULL - Properties Magazine
    Putting the Red Light on Red Light District Businesses? - NULL - Properties Magazine
    Neighbor Beware - A Primer on Adverse Possession - NULL - Properties Magazine
    Indemnity in Construction Agreements: Preserving the Site Owner's Rights - 2006 - Tort Law Journal of Ohio
  3. Firm News
    Eleven Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 3, 2024
    Roetzel & Andress Announces Emily Anglewicz as Shareholder-in-Charge of Associates - Feb 26, 2024
    Roetzel Earns National and Regional Rankings in 2024 Best Law Firms® - Nov 2, 2023
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers - Aug 17, 2023
    15 Roetzel Attorneys Named Best Lawyers: Ones to Watch - Aug 17, 2023
    Attorneys Islam & Makar Join Roetzel’s Naples Office - Jun 27, 2023
    Roetzel & Andress Appoints Five Attorneys to Key Leadership Roles - May 9, 2023
    Roetzel & Andress Welcomes Attorney Carolann Swanson in Fort Myers - Aug 23, 2022
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® - Aug 18, 2022
    Roetzel & Andress Named to 2022 “Best Law Firms” List - Nov 4, 2021
    16 Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 1, 2021
    Roetzel & Andress Names Four New Shareholders - Jan 1, 2020
    David Woodburn Quoted on Cleveland.com - Jan 12, 2019
    Roetzel & Andress Named 2017 Top Contributor Firm by The Fund - Mar 28, 2018
    Roetzel & Andress Ranked in 2017 "Best Law Firms" - Nov 1, 2016
    Lori L. Moore Assumes Role as President of CREW Naples / Fort Myers - Dec 11, 2015
    Roetzel & Andress Ranked in 2016 "Best Law Firms" - Nov 2, 2015
    Roetzel Named Among Top Law Firms in Real Estate - Jul 14, 2014
    Roetzel Ranked Among Best Law Firms by U.S. News & World Report - Nov 5, 2013