Real Estate Litigation

Overview

Innovative Legal and Business Strategies for All Stages of Real Estate Litigation

Blank Rome’s attorneys have the deep-rooted knowledge and capabilities to handle the most complex real estate litigation matters from coast to coast. We have experience representing an array of real estate clients in matters ranging from construction and zoning to land use, construction defects, landlord-tenant disputes, purchase and sale disputes, as well as foreclosures, property-related bankruptcy proceedings, and environmental litigation. We work closely with our clients to identify their objectives and provide clear, proactive, and commercial advice to achieve their goals.

How We Can Help

We offer a comprehensive range of services in all areas of real estate litigation, including:

Foreclosures and workouts
Commercial foreclosures
Receiverships
Defense of lender liability claims
Guaranty actions
Bankruptcy proceedings

Construction and Real Estate Litigation

Acceleration, delay, and disruption claims
Architect and engineer malpractice
Bid disputes / change order / stop notices
Construction contract disputes
Construction-site personal injury
Defective design and construction issues
Delay claims
Drone usage, regulation, and litigation
Government contracts
Occupational Health and Safety Administration (“OSHA”) violations
Performance and payment bonds
Project development disputes
Tort claims, including slander of title

Condemnation, Zoning, Land Use, and Regulatory Disputes

De facto condemnations
Eminent domain
HUD / FHA litigation
Landlord and tenant disputes
Land-use civil rights
Public accommodation litigation, including actions involving the Americans with Disabilities Act

Transactional Litigation

Enforcements of agreements
Insurance disputes
Landlord / tenant disputes
Partnership disputes
Quiet title and partition actions
Real estate and construction project financing
Securities litigation related to REIT transactions

Environmental Litigation

Air and groundwater contamination
Corrective action / administrative consent orders
Defense of agency enforcement actions
Indemnification disputes
Insurance coverage actions
Internal investigations
Oil and hazardous waste spills / releases
Riparian rights
Superfund litigation
Toxic torts, including “sick building” disputes

What Sets Us Apart

With offices throughout the country, Blank Rome’s Real Estate Litigation practice extends to every major U.S. property market and is well-positioned to address the litigation needs of property owners, lenders, developers, managers, and commercial landlords and tenants operating on both the local and national levels. Our attorneys collaborate across offices and practices to seamlessly develop strategic and innovative solutions for each property dispute.

Recent accolades include:

Ranked Tier 1 in 2025 U.S. News & World Report–Best Lawyers^® “Best Law Firms” (Woodward/White, Inc.) for Real Estate Law nationally and in Philadelphia and New York City; regionally recognized in Washington, D.C., and Los Angeles.
Chambers USA 2023 recognized our practice for Real Estate Law in Pennsylvania. Chambers researchers have stated that Blank Rome:
- “Acts for an impressive list of leading financial institutions, as well as owners, developers, and REITS.”
- “Possesses strong capabilities in zoning and land use issues and is also regularly called upon for its expertise in restructuring work and tax assessment matters.”

Key Contacts

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Experience

Handled foreclosure of more than 30 golf course properties in multi-state foreclosure action for national lender.
Represented lender in foreclosure and appointment of receiver over iconic hotel in Honolulu, Hawaii.
Represented senior lender in 10 separate foreclosure actions and successful pursuit of deficiency action against borrower and guarantors of hotel and condo-hotel projects in Florida involving in excess of $1 billion in debt.
Handled foreclosure of six commercial properties in Chicago, Illinois and secured $20 million carveout guaranty liability against principal and repatriation of assets from a foreign asset protection trust.
Represented investment group and developer in a series of cases involving fraud and breach of contract claims against another developer and contractor in New York arising out of several projects.
Successfully represented the owners’ group of three commercial real estate investment firms in defeating a challenge to a $1.2 billion sale of a commercial real estate asset filed by the initial buyer, defeating preliminary injunction and procuring an attorneys’ fees award.
National litigation counsel for a multinational commercial real estate company in variety of litigations including claims against multiple retail chains.
National litigation counsel for one of largest REITs and shopping mall operators in the United States, in a series of national matters including several lawsuits in both state and federal court related to breach of contract and tax matters, and a pending multimillion-dollar New York litigation to enforce a guarantee.
Litigation counsel to sellers in dispute over closing on more than $300 million sale of portfolio of New York properties.
Procured trial victory after six-day arbitration (confirmed on appeal) for group of developers and builders in complex mixing-bowl transaction involving acquisition of Brooklyn development properties, resulting in an award nearly $35 million less than demanded, with over $1.3 million in attorneys’ fees and costs granted to our clients.
Represented owner of a franchised international hotel chain in contested litigation to successfully prevent lender from enforcing its cash management rights to shut down the hotel.
National real estate litigation counsel to an American luxury fitness company in a series of litigations, including a recent trial victory excusing non-performance under a lease due to COVID-19.
Lead litigation counsel for Brooklyn-based real estate owner and developer and related entities on various matters, including in multi-year lawsuits against groups led by the CEO of a New York-based developer on two New York properties arising out of ownership and management rights.
Represented owner of a series of New York City hotel development properties in heavily litigated case for breach of fiduciary duty, fraud, and related breaches when one partner attempted to usurp control of the deal.
Insurance coverage counsel for a nationwide commercial real estate developer in a $50 million coverage litigation against a commercial property insurer over flooding that thwarted development.
Counsel to senior lender in respect to a $205 million secured position on a luxury condominium in successfully obtaining dismissal of Chapter 11 bankruptcy case.