Real Estate Litigation

Real estate disputes are multi-faceted.  They can involve issues of valuation requiring the ability to work closely with experts to develop sound appraisals, complex deal documents requiring careful analysis and interpretation to be made clear, law that has been on the books for nearly a century applied today in a context very different than that in which it was written, and facts that are as likely to be in public archives as they are to live in witnesses’ memories.  We know how to navigate this landscape.  We have successfully represented banks, borrowers, owners, developers, and personal guarantors in litigation involving design and development agreements, loan agreements, lien priorities and deficiency judgments, easement and title disputes, valuation, and trespass, waste, and premises liability claims.

Representative Cases

Hiatt v. Hanley, et al.  Defended developer in construction-defect lawsuit; obtained settlement dismissing all claims and recovery of attorneys’ fees incurred.

Covenant Mortgage v. Wright.  Defended claims against guarantors of real estate development loan; defeated bank’s motion for summary judgment and then obtained favorable settlement.

Streeter & Associates v. Largo.  Defended breach of contract claims; developed and prosecuted counterclaims for architectural malpractice; obtained dismissal of all claims against client, settlement in client’s favor, and substantial award of attorneys’ fees incurred.

Skinner v. May.  Prosecuted claims to enforce right to convey real property obtained as part of settlement agreement; obtained summary judgment on all claims for full damages claimed plus prejudgment interest.

Crystal Mountain Inc. v. Pierce County.  Prosecuted property tax refund action regarding assessed value of ski area improvements; obtained settlement reducing assessed values.

Lakemont Holdings LLC v. Smith.  Prosecuted claims asserting rights under real estate option contract, including defense of claims alleging equitable mortgage and fraudulent inducement; defeated defenses and challenge to unlawful detainer at bench trial, defeated efforts to retain possession via bankruptcy proceedings, and then obtained favorable settlement.

Alki Condominium Association v. City of Seattle.  Defended City against multi-million dollar landslide damage claims; obtained complete defense verdict at jury trial.

PCL Construction Services v. Pine Garage LLC.  Defended claims for breach of construction contract and prosecuted counterclaims for breach of loan agreement; obtained favorable settlement.

Olympic Tower LLC v. Avstar Seattle LLC.  Defended claims of breach of contract and waste arising out of tenant’s termination of commercial lease and its modification of premises; developed expert testimony rebutting damage claims and then obtained favorable settlement.

Ellis v. Washington Property Solutions, Inc.  Defended claims alleging equitable mortgage, fraudulent inducement and consumer protection violations associated with real estate leaseback/purchase option; defeated challenge to unlawful detainer and then obtained favorable settlement.

Charter Bank v. Base Capital LLC, et al.  Defended claims alleging LLC member and manager liability, breach of fiduciary duty, self dealing and securities violations; and raising issues regarding enforcement of guaranties, real estate foreclosures, banking law; obtained dismissal of claims.