Real Estate

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Real Estate/Construction/Surety
Real estate and construction law have been a bedrock of the Black & Gerngross practice since its inception. Our attorneys possess extensive experience in every aspect of land development and use, along with an exhaustive knowledge of the legalities of construction and financing. These assets have enabled Black & Gerngross to represent clients from owners, developers and lenders, to buyers and sellers, to designers and builders to tenants large and small.

Transactions

Transactions

Development • Conveyance • Leasing • Land Use • Finance Owners • Contractors • Design Professionals • Sureties • Mechanics’ Liens

Past and present client matters include representation of:

  • Property owners in the development of commercial and residential property Owners in the negotiation, review and preparation of contracts for the sale of commercial real estate and in the negotiation, review and analysis of the closing documents for the transaction
  • Purchasers of commercial real estate in the negotiation, review and preparation of contracts for the purchase of commercial real estate and in the negotiation, review, preparation and analysis of the closing documents for the transaction
  • Purchasers in the negotiations with lenders and the review, analysis and preparation of loan closing documents
  • Lenders in the review, analysis and preparation of loan closing documents for the purchase and sale of real estate
  • Owners in the negotiation and preparation of contracts to lease commercial real estate
  • Commercial tenants in the negotiation, review and preparation of contracts to lease commercial real estate
  • Property owners or interested parties before federal, state and local governments and agencies, including local zoning and planning boards, to obtain approvals for real estate development or land use
  • Owners in negotiating and obtaining necessary approvals from federal, state and local governments and agencies for project work
  • Owners in the negotiation and preparation of project documents such as contracts between the owner and general contractor, multiple prime contractors, construction managers and design professionals
  • Contractors in the negotiation, review and preparation of contracts with project owners, subcontractors, sub-subcontractors and materials suppliers
  • Contractors in the negotiation and procurement of surety bonds
  • Design professionals in the negotiation, preparation and review of contracts with project owners, the preparation of bid packages, and the performance of contractual duties under the construction documents
  • Sureties in the preparation of performance and labor and materials payment bonds
  • Contractors in matters involving mechanics’ liens

Litigation

Litigation

Owners • Contractors • Design Professionals • Sureties • Mechanics’ Liens • Creditors’ Rights

Past and present client matters include representation of:

  • Owner of signature mixed used buildings in Philadelphia, Pennsylvania in claims arising from improper design and installation of exterior building maintenance system and improper application of protective coating to building spire
  • General contractor in seminal litigation against the United States Department of Housing and Urban Development (HUD) to recover payment for unpaid contract balances
  • General contractor in claims made by and against large national builder arising from construction of active adult residential community and recreational facilities in Southern New Jersey
  • Wrongfully terminated subcontractor in obtaining award of contract balance and statutory interest, penalties and attorneys’ fees against general contractor arising from dispute concerning subcontractor’s work in installing a building automated system at a laboratory and teaching facility on the campus of a prestigious university
  • Design professional in dispute with owner regarding the scope of design services
  • Commercial real estate developer in litigation by architect to recover disputed fees for additional services
  • General contractor to recover payment from owner of commercial development project through veil piercing action against owner and related shell companies formed to shield owner’s assets from liability
  • Owner of large private retirement facility in claims against general contractor and design professional arising from defective roof
  • General contractor in claims against sub-contractor arising from damage to sewage containment pipe
  • Subcontractor in claims against sub-subcontractor arising from defective design and manufacture of underground double-containment pipe system supplied on chemical labs construction project
  • Subcontractors in claims against general contractors for damages under the Contractor and Subcontractor Payment Act
  • Maintenance contractor in claims against HVAC contractor for fraudulent invoices
  • Materials and specialty equipment suppliers in payment claims
  • Non-debtor owners, general contractors and trade subcontractors in bankruptcy proceedings, including issues related to Pearlman claims, mechanics’ liens and Project completion by debtor contractors
  • Creditors in bankruptcy matters, including non-dischargeability proceedings and the defense of preference claims
  • Bidder in Pennsylvania Right to Know Law litigation to compel disclosure of public contracting bids

Transactions

Litigation