Our real estate litigation team offers pre-litigation consulting advice as well as extensive experience in alternative dispute resolution forums and the courtroom.  Our goal is to prevent litigation, but we know that it is sometimes necessary. Our team offers pre-dispute advice involving crisis management arising out of real property-related events, analysis of liability and damages exposure, negotiations to avoid or minimize potential litigation, and practical considerations related to potential disputes to ensure rights are preserved.

If litigation ensues, we represent REITs, developers, investors, owners, landlords, tenants, contractors, design professionals, and large subcontractors in a wide variety of disputes including:

  • Partnership and joint venture disputes
  • Real property related contract disputes, including option contracts and purchase and sales agreements
  • Complex commercial landlord/tenant disputes, including lease defaults, recission, unlawful detainer / eviction actions, and holdover disputes
  • Real estate partition proceedings
  • Easement and boundary disputes, and quiet title actions
  • Compliance issues including ADA, environmental, and zoning

Maximizing the Value of Insurance

Let’s face it – risk is inherent in real estate development, management, acquisition, construction, and disposition. As one of the few firms with a policyholder-only practice, our insurance recovery attorneys represent clients in all aspects of insurance disputes to ensure they receive the benefit of the coverage purchased. We help our clients—owners, developers, public entities, design professionals, general contractors, and subcontractors—receive the maximum coverage available and litigate against insurance companies in disputes arising out of:

  • Builder’s risk and commercial property insurance
  • General liability, including OCIP and CCIP programs
  • Professional liability, including owner and contractor protective professional indemnity
  • Directors and officers/management liability
  • Pollution legal liability

Inherent Environmental Risks

Environmental risk is everywhere, and our experienced environmental lawyers have assisted clients with a range of issues. Whether representing current landowners, former landowners, or developers, we have created opportunities to redevelop significant brownfields (contaminated) project sites across California and elsewhere in the Western United States. We have prosecuted and defended potentially responsible parties regarding environmental clean-up costs, negotiated with USEPA and state regulatory agencies (DTSC and Regional Water Quality Control Boards) concerning cleanup requirements, and developed environmental mitigation measures and conditions of approval for project sites big and small.

Real estate development is inherently embedded with the potential for environmental litigation. From the California Environmental Quality Act (CEQA) and state and local planning laws through federal and state regulations addressing groundwater, stormwater, air emissions, endangered species, “green” development, and wetlands, our environmental lawyers have experience with virtually every cause of action to delay or stop a development project, including:

  • Land use entitlement challenges
  • Contractual claims related to environmental indemnities and releases
  • Third-party personal injury and property damage claims
  • Governmental investigation and cleanup orders

Farella’s real estate litigation team brings depth, experience, and practical advice to any project. We are a key resource for our clients who are buying, selling, developing, redeveloping, or investing in real estate.

Firm Highlights

Publication

IRS Moves to Target Wealthy Taxpayers in Historic Compliance Drive

This month, the IRS announced that it is using the long-term funding approved by Congress through the Inflation Reduction Act of 2022 to shift its attention to wealthy taxpayers in an effort to “identify sophisticated...

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News

Farella Braun + Martel Ranked in Chambers High Net Worth 2023

Farella Braun + Martel is pleased to announce that our Private Client Industry Group and Family Wealth Partner Mark Weaver were recognized in Chambers High Net Worth (HNW) Guide 2023 in the Private Wealth...

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News

Who’s Who Legal 2023 Recognizes Farella Lawyers

Six Farella Braun + Martel lawyers have been recommended by Who’s Who Legal 2023 as leading practitioners in their fields. Who’s Who Legal – Environment 2023 James Colopy Robert Hines David Lazerwitz Chris Locke...

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News

Chris Locke Recognized for Jack London State Historic Park Pro Bono Work

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Event

19th Annual Renewable Energy Law Conference

Dirk Mueller is speaking at the 19 th Annual Renewable Energy Law Conference on "Mineral Issues’ Impact on Real Estate Documents, Siting and Planning: Texas vs. California."

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Publication

Corporate Transparency Act Imposes New Disclosure Obligations on Business Entities Effective January 1, 2024

Corporate Transparency Act Guide - PDF If you own an interest of 25% or more in any business entity or have any substantial control over any business entity (including as a manager or senior...

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Event

All the Legalese: What You Need to Know About the New Pay Transparency Law and Other Legal Updates

Holly Sutton is a Winejobs.com 2023 HR Summit speaker for the session "All the Legalese: What You Need to Know About the New Pay Transparency Law and Other Legal Updates." Session Overview: It can be...

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Event

CalCPA Wine Industry Conference 2023

Holly Sutton and Rebecca Stephens are speakers at the CalCPA Wine Industry Conference 2023 for the session "Labor Law Update." Session Overview: Explore the critical distinctions between employees and contractors, delve into wage and hour regulations, gain...

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Publication

Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . I'm Cynthia Rowland, and today, we are again lucky to have Farella real estate partner Quinn Arntsen with us to talk about leasing...

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Publication

Quick Tip: State Filings in Massachusetts and Connecticut

Welcome to  EO Radio Show – Your Nonprofit Legal Resource.  I'm Cynthia Rowland, and episode 55 is the sixth in a series of Quick Tip episodes focusing on the details of state registration of...

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