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REAL ESTATE AND CONSTRUCTION LITIGATION

Recognizing the complex legal challenges of the real estate and construction industry, our practice combines experienced trial attorneys with backgrounds in real estate and construction disputes and the strong practical skills and industry knowledge of attorneys in related areas. This interdisciplinary approach ensures clients receive cutting edge counsel on the increasingly specialized problems of their industries.

Our team members have developed the focused knowledge and experience to handle issues ranging from everyday mechanics liens and landlord/tenant problems to more sophisticated real estate and construction contract claims, land use and zoning disputes as well as eminent domain.

Thompson Coburn’s interdisciplinary approach focuses on the practical concerns of real estate and construction industry clients, clients who want to refer their legal problems to one law firm for resolution. Because of our depth, resources and strategic approach, one cooperating team of attorneys can address all legal aspects of project development from land acquisition, design, development and construction issues to contract negotiation, claims advice, litigation, bankruptcy and any and all issues in between.

Our clients include real estate developers, contractors, banks, property owners and governmental entities. Whatever their perspective on project development, our real estate and construction industry clients appreciate our team approach to helping make their projects successful. They depend on us because we understand the issues they face, and know we have the experience and resources to help them solve their problems. Knowing the time sensitivity of most project development, we focus first on resolving disputes and solving problems. When litigation is necessary, our clients know that Thompson Coburn has demonstrated credibility in the court system. Our attorneys practice regularly in state and federal courts of Missouri and Illinois. Firm resources include sophisticated litigation support capabilities with software especially developed for construction and real estate visuals.

A firm attorney led the negotiations and prepared the agreements for the construction of a $200 million clean air scrubber project for a power plant.

We recently revised form construction contracts and related documents for a Missouri city and for a major road construction contractor.

Representing the owner of a recently constructed large office building in the City of St. Louis who had been sued by the general contractor for $26 million, Thompson Coburn successfully moved the case from St. Louis City Circuit Court into arbitration. The arbitrators denied the contractor’s claim in full and awarded the firm’s client the full amount of its counterclaim.

Thompson Coburn successfully defended one of the largest home/residential apartment builders in the nation in a case where the plaintiffs claimed alleged numerous code violations as evidence of the defendant’s failure to design and build in conformance with standards of due care.

We have represented owners in claims against design professionals and contractors in claims against subcontractors. We presently represent a major architectural firm where the plaintiff has alleged a variety of design/build defects.

The firm has successfully represented developers in zoning disputes with the Cities of Chesterfield, Creve Coeur and Town & Country, among others, paving the way for major commercial developments.

The firm represented the Saint Louis Zoo in a successful lawsuit against an architectural firm and others in connection with the design and construction of a large exhibit inside the Living World building.

Through eminent domain proceedings, the firm has helped its clients assemble the land for such major transportation and redevelopment projects as the 17-mile Metrolink extension in St. Clair County, Illinois, and the TIF-assisted Brentwood Promenade.

A firm attorney conducted arbitration proceedings before a three-member arbitration panel on behalf of the National Benevolent Association. The matter involved architectural malpractice in connection with the renovation of a nursing home in Jacksonville, Ill. The panel decided in favor of the firm’s client.

The firm is presently handling litigation involving alleged professional malpractice against an architect and a case where there are alleged prototype design violations.
Other recent cases include defense of roof design, building collapse, concrete structural failures, luxury home construction, design problems, roof truss problems and delay damages with respect to road building.

Represented a real estate fund with respect to enforcement of capital contribution provision and defense of claims of breach of fiduciary duty.

Represented buyer with respect to defense of broker’s claim for commission and prosecution of claim for breach of fiduciary duties concerning large collection of single family homes.

Represented commercial landlords and tenants with respect to disputes concerning “use” provision.

Publications

Missouri appellate court opens the door to Spearin claims by contractors against public entities

Due diligence checklist for commercial real estate acquisitions

Unpaid construction work? Stay calm – and make sure every word of mechanics lien is accurate

Missouri expands project delivery options for public works projects

Waivers of implied warranty strengthened for condo, home builders in Illinois

Construction due diligence: Sooner is always better than later

Todd Rowden co-authors chapter in real estate litigation book

Blog Posts

Commercial landlords: Time to tune up your indemnity provisions

Thompson Coburn to host ethics webinar on confidentiality issues

Thompson Coburn real estate team to speak at Chicago cannabis seminar

TCLE

Help from the Dark Side: A Litigator's Perspective on Commercial Real Estate Issues

Ethics - Confidentiality Issues Re: Attorney Client Privilege and Information

Partner
St. Louis
314 552 6014

Mary has spent her nearly 40-year career representing major corporations in high-stakes trials and arbitrations across the region.

Mary has spent her nearly 40-year career representing major corporations in...

Mary Bonacorsi
Partner
Los Angeles
310 282 9418

As a real estate litigator with more than 30 years of experience, Jeff develops and executes highly effective litigation strategies for clients with all types of commerci...

As a real estate litigator with more than 30 years of experience, Jeff deve...

Jeff Brown
Partner
St. Louis
314 552 6142

David is a lead trial lawyer with a track record of success across a diverse array of claims, including various types of construction and real estate disputes, business t...

David is a lead trial lawyer with a track record of success across a divers...

David Dick
Associate
Chicago
312 580 5033

Ryan represents clients in a variety of business matters, including contract disputes, commercial loan enforcement suits, construction litigation, foreclosures, business ...

Ryan represents clients in a variety of business matters, including contrac...

Ryan Gehbauer
Partner
St. Louis
314 552 6055

Brian practices in the firm's business litigation area, where he represents both plaintiffs and defendants in complex commercial litigation.

Brian practices in the firm's business litigation area, where he represents...

Brian Lamping
Partner
Washington, D.C.
202 585 6942

Harvey has 30 years of experience as a civil litigator and commercial lawyer, representing banks and other public lenders, private lenders, metropolitan transit authoriti...

Harvey has 30 years of experience as a civil litigator and commercial lawye...

Harvey Levin
Partner
St. Louis
314 552 6349

Pam is an experienced civil litigator and a national leader on issues of civil rights and equal justice under the law.

Pam is an experienced civil litigator and a national leader on issues of ci...

Pamela Meanes
Partner
Chicago
312 580 2344

James advocates for his clients in state and federal courts nationwide by taking a big-picture approach to litigation, calculating the value of each legal maneuver and fo...

James advocates for his clients in state and federal courts nationwide by t...

James Oakley
Partner
Chicago
312 580 2229

Todd helps businesses solve some of their thorniest problems.

Todd helps businesses solve some of their thorniest problems.

Todd Rowden
Partner
Chicago
312 580 2311

Dave is a practical and resourceful business litigator with a long track record of successful results.

Dave is a practical and resourceful business litigator with a long track re...

David Rownd
Senior Counsel
Los Angeles
310 282 9429

Mitchell is an accomplished business and real estate litigator and counselor.

Mitchell is an accomplished business and real estate litigator and counselo...

Mitchell Stein
Partner
St. Louis
314 552 6109

Peter is a nationally recognized environmental attorney who helps companies respond to major environmental incidents, navigate regulatory actions, and successfully resolv...

Peter is a nationally recognized environmental attorney who helps companies...

Peter Strassner