Real Estate Development and Litigation
A developer has to make many legal decisions on
each project beginning with site acquisition,
financing arrangements, land use, architectural
contracts, construction contracts, condominium
contracts, declarations and easements. In today’s
highly competitive real estate market, real estate
developers are under pressure to aggressively pursue
development sites without sacrificing the protection
from unacceptable risk, expense and liability that a
well drafted contract provides.
The ownership, development, use and sale or purchase of real estate can at
times lead to disputes that can only be resolved through arbitration or
litigation. Such litigation can arise out of complex title issues, commercial
leases, property insurance, broker listing agreements, loan agreements and
mortgages and in today’s highly regulated environment, it can arise out of the
Americans with Disabilities Act and H.U.D regulations.
At the O’Leary Law Firm, John J. O’Leary
represents commercial and residential developers in
all phases of real estate development, including
feasibility, financing, acquisition, sale, leasing,
and management. John understands that developers
want to negotiate an agreement that makes the
project work – an agreement that does not interject
unnecessary legal hurdles but, rather, protects the
developer from those risks and contingencies that
make the deal unprofitable. John also knows that to
make deals happen he needs to work closely and
cordially with brokers, underwriters, construction
professionals, and state and local government
agencies to move the project to a successful
closing.
John is also an experienced trial attorney. His
thorough and detailed trial preparation and in-depth
knowledge of real estate law are what yields
favorable settlements and trial verdicts for his
clients. John’s real estate litigation practice
includes commercial lease disputes, breach of real
estate contract, condominium management disputes,
real estate broker litigation, mortgage foreclosures
and suits to quiet title.
Counsel Provided:
- Acquisition and financing of residential and
commercial real estate
- Acquisition and disposition of raw land for
commercial development, including apartment
complexes, condominiums, and office buildings
- Negotiation and documentation of
construction and permanent financing, including
mezzanine and non-traditional financing sources
- Debt restructuring
- Contract negotiations
- Condominium and building associations
- Drafting and enforcing easements
- City redevelopment agreements
- Construction and architectural contracts
- Title-insurance matters
- Title examinations
- Drafting and negotiation of commercial leases
- Drafting condominium declarations
- Preparing property management and brokerage
agreements
- Breach of contract claims
- Commercial lease disputes
- Specific performance claims
- Building and construction insurance coverage
disputes
- Lawsuits to quiet or correct title
- Fraudulent transaction claims
- Mortgage foreclosure actions
- Construction litigation
- Mechanics lien litigation
Representative Matters:
- Represented custom condominium converter on
construction, development and conversion of
vintage apartment hotel into luxury lakefront
condominium units including new construction
underground garage under restrictions of
Chicago’s Lakefront Protection Ordinance.
- Represented midsize developers on
acquisition of development sites which are
troubled by environmental clean up requirements
and the preparation of contract provisions and
protocols to provide for cleaning the property
and obtaining no further remediation NFR
letters.
- Represented developer on acquisition for
development of new construction mid-rise in
Planned Unit Development on Chicago’s
rediscovered river front.
- Represent new and growing developers in the
negotiation and drafting of mezzanine and junior
financing for the development of residential
condominium structures.
- Represented established Chicago community
theater on acquisition, TIF financing, and
construction contracting in the transformation
and conversion of former mid size grocery store
into state of the art performance theater.
- Represented medical and physician groups on
the sale and acquisition or sale and leaseback
of suburban medical office and treatment
centers.
- Represented developers and contractors
subject to redevelopment agreements with
municipalities including documentation and
consultation arising out of minority set aside
requirements.
- Represented syndicator of mortgage loans on
due diligence in mortgage pooling agreements.
- Represented developer in litigation brought
by condominium association where subcontractor
failed to adequately support and reinforce
concrete masonry units.
- Represented individual condominium owners in
claims against developer and contractor for
defective construction of roof and masonry units
resulting in of extensive mold infestation
throughout the development
