Close Menu
Home > Real Estate > Commercial Real Estate Litigation

Discuss Your Options with a Miami Commercial Real Estate Attorney

Disputes involving commercial real estate can arise under a broad range of circumstances. From construction through sale, virtually all aspects of commercial real estate development, ownership and management entail litigation risks. If you are dealing with a property-related dispute in South Florida, we can help, and we encourage you to discuss your options with a Miami commercial real estate attorney at Edelboim Lieberman Revah.

Our commercial real estate litigation practice encompasses the representation of owners, purchasers, developers, lenders and other interested parties. We handle disputes involving all types of commercial properties, from mixed-used facilities to large office buildings and entertainment venues. If you are facing a dispute, or if you have concerns about a dispute that may be on the horizon, we can help you make informed and strategic decisions focused on minimizing any potential business disruptions while protecting your company’s financial interests to the fullest extent possible.  

Matters We Handle

Our commercial real estate lawyers handle all types of commercial real estate disputes and litigation in South Florida. This includes (but is not limited to) matters such as:

Commercial Real Estate Purchase and Sale Litigation

Several issues can lead to litigation arising out of commercial real estate transactions. From issues with the buyer’s financing to issues with the property itself, many different complications can leave commercial parties with little choice but to take legal action. If your company is facing a dispute arising out of a failed sale, or if you need to take legal action to try to ensure that a closing takes place as scheduled, you should speak with a Miami commercial real estate attorney regarding the options your company has available.

Our practice includes representing all interested parties in litigation, alternative dispute resolution (ADR) and informal resolution efforts arising out of commercial real estate purchase and sale contracts. For example, we have significant experience in matters involving:

  • Closing delays
  • Disclosures, representations and warranties
  • Escrow deposit disputes
  • Financing issues
  • Insurance and indemnification obligations
  • Property defects
  • Title issues

In many cases, it will be in all parties’ best interests to close the deal. If your priority remains to find a path to closing, we will focus our efforts on building the leverage needed to bring everyone to the closing table. But, if the deal is off of the table, we will help you determine your company’s best course of action and pursue all appropriate legal and equitable remedies on your company’s behalf.

Commercial Real Estate Lease Litigation

Commercial real estate lease disputes can also involve an extremely broad range of issues. We represent landlords and tenants in commercial lease disputes arising in connection with lease negotiations, lease enforcement, lease transfers, lease renewals and lease terminations. This includes (but is by no means limited to) disputes involving issues such as:

  • Calculation of common area maintenance (CAM) charges, utilities, taxes, and other fees and expenses
  • Non-payment of rent, CAM charges, and other fees and expenses
  • Failure to perform necessary property maintenance or repairs
  • Refusal to approve a lease renewal or lease transfer
  • Commercial lease evictions and tenant lease terminations
  • Anchor tenant, non-competition and other lease conditions
  • Property damage, insurance, indemnification and related issues

Many commercial real estate leases include mandatory ADR provisions, and these provisions are generally enforceable under Florida law. However, these clauses are frequently subject to exclusions—which typically allow the lessor to pursue injunctive relief and other remedies in court when necessary. If your company is facing a commercial lease dispute, a Miami commercial real estate attorney at Edelboim Lieberman Revah can determine what options your company has available and assert all appropriate claims and/or defenses on your company’s behalf in the appropriate forum.

Commercial Real Estate Construction and Contractor Litigation

Commercial real estate disputes involving construction-related claims are common in South Florida. So are post-construction disputes between property owners and contractors. These disputes can involve a host of issues, and assigning liability and assessing damages often requires an understanding of multiple parties’ contractual obligations.

We represent property owners, developers, contractors, subcontractors, architecture and engineering firms, lenders and other entities in commercial real estate construction and contractor litigation. This includes litigation involving construction defects, liens, failure to perform, failure to pay, indemnification obligations, insurance coverage, use of substituted materials, poor workmanship, breach of representations and warranties, and many other claims and allegations. Similar to other types of commercial real estate disputes, finding an amicable path forward will often be in all parties’ interests, but this won’t necessarily be the case in all scenarios.

With commercial real estate construction, timing is often a critical factor. Delays in the process can have cascading effects, and parties’ costs can multiply over time. We understand the realities of dealing with disputes during construction, and we seek to help our clients achieve efficient results that keep their projects on schedule whenever possible.

Co-Owner Disputes Involving Commercial Real Estate

Disputes between co-owners of commercial real estate can also present complex issues, and they will often call for creative resolutions. With that said, if the only option is to part ways—and if the co-owners cannot agree on a path forward—then each party may need to engage a Miami commercial real estate attorney to represent them in court.

We represent co-owners of commercial real estate in all types of dispute resolution efforts. This includes efforts focused on maintaining the parties’ relationship as well as efforts focused on forcing the sale or purchase of one party’s interest. If your company is facing a dispute with a co-owner of a rental property or other piece of commercial real estate in South Florida, we encourage you to inquire about what we can do to help.

Schedule an Appointment with a Miami Commercial Real Estate Attorney

If you would like to speak with a Miami commercial real estate attorney at Edelboim Lieberman Revah, we encourage you to get in touch. Please call 305-768-9909 or tell us how we can reach you online to arrange a complimentary initial consultation today. 

 

Share This Page:
Facebook Twitter LinkedIn