Real Estate & Construction Litigation/Transactions
The practice of real estate litigation is key to what we do at GKWW, and requires sophistication and a wide breadth of expertise.
Our team has represented businesses, developers, municipalities, and individuals before federal and state courts in Illinois, Wisconsin, and elsewhere. We’ve also frequently appeared before zoning boards, planning commissions, municipal boards and condominium associations.
Since our establishment in 1992, Gardiner Koch Weisberg & Wrona has brought a sophisticated, well-knit mosaic of expertise to bear in several practice areas. We are aggressive, ethical advisers who get things done.
To reach our office, call 312.362.0000
For after hours calls, dial 312.371.6279
Construction Litigation
Our firm has long represented companies in the construction industry in litigation. We are familiar with the construction process, the relative responsibilities of the parties, construction schedule requirements, and the interplay of various trades. The hard-tumble world of construction often leads to disputes between owners and general contractors, between general contractors and subcontractors, between lenders and various parties, or between municipalities and owners or owners’ agents—and some cases involve virtually all of these disputes in one complex project. We have extensive hands-on experience representing parties in these matters.
Our team also successfully represented a general contractor in what has been recognized as the most significant construction litigation insurance case in the State of Wisconsin in the last 15 years. The case was heard before the Wisconsin Supreme Court, further demonstrating our depth of experience and ability to handle high-stakes construction disputes.
Construction Liens
The lien laws governing construction projects are highly technical and require precise compliance to establish valid liens. We understand these statutory requirements and have successfully represented both contractors and property owners in litigation and negotiations relating to mechanics liens and other lien claims.
On behalf of general contractors and subcontractors, we obtain the appropriate legal descriptions for the real property and file mechanics liens within the statutorily permitted time period.
With respect to mechanics lien claims, we evaluate whether the work genuinely enhanced the value of the property. We also challenge lien claims that fail to meet statutory deadlines or involve unreasonable claimed values.
Breach of Warranty
We’ve successfully handled cases involving breach of warranty claims relating to construction. Our attorneys are knowledgeable regarding construction methods, mechanics lien laws, contractual interpretation, construction standards, progress payments, construction schedules, trade responsibilities, hold backs, and more–truly, all aspects of the construction process. We bring expertise to bear when we represent developers, construction firms, general contractors, subcontractors and homeowners in this type of litigation.
Title Claims & Construction Agreements
Title Claims
We have handled cases involving the title claims relating to property: sometimes, involving mistakes on behalf of the title company when the title in question was issued; on other occasions, documents dishonestly forged.
Construction Agreements
At GKWW, we cultivate an extremely thorough and aggressive real estate law practice–both in litigation and in transaction–which incorporates many cases involving real estate construction and construction agreements. Our attorneys are knowledgeable in representing clients on both sides of residential, commercial and industrial real estate matters.
Real Estate Transactions
The successful negotiation and closing of a real estate transaction is often one of the most significant transactions a business or individual will be involved in. Our attorneys are fluent in representing clients on both sides of the table.
We engage residential, commercial and industrial real estate matters alike–from complex Starker exchanges and Tax Increment Financing districts to governmental financing programs, economic development zones, businesses development districts and complex financing. We honor and recognize the importance of these transactions, keeping our clients thoroughly informed throughout every step of the process.
Exchanges & Variances
Exchanges
Because of our proven track record in these matters, we’re often asked to handle complex Starker or Section 1031 exchanges. The documentation and timing in these deals is exceedingly important, and the resultant tax savings is often very substantial. We’re familiar with recent case law and the IRS treatment of these exchanges, often protecting our clients from hidden pitfalls that would otherwise have cost them dearly.
Variances
We adeptly handle cases involving variances to zoning codes, as we are extraordinarily experienced in these matters. (One of our partners has served as a member of a municipal board, has acted as a liaison to a zoning board and has served on plan commission, garnering a uniquely thorough perspective on the process.) We represent both developers and individuals seeking variances. We also represent municipalities against claims that variances were improperly denied.
Construction Contracts
At GKWW, we prepare and review construction contracts for commercial, industrial, and residential clients. As with most contractual issues, the key is to determine the client needs, assess the risks involved, and address the risks in the agreement.
In connection with construction projects, we are skilled at negotiating financing agreements that are consistent with realistic schedules and realistic ROI prospects—along with contingencies that protect our clients against the unexpected. Our experience allows us to provide practical expertise and work hand-in-hand with clients pursuing construction projects.
Real Estate Annexation & Leasing
Real Estate Annexation
The annexation of real estate is frequently an issue in new development tax and infrastructure. Our attorneys have negotiated both sides of these annexation agreements, litigating on behalf of both municipalities and developers relating to such agreements. We have also filed suit and defended claims relating to annexation agreements.We’ve also successfully handled state and appellate court litigation involving de-annexation at both the trial and appellate courts. We are especially adept at anticipating community opposition or support relating to annexation and development.
Leasing
We have negotiated many commercial and industrial leases. Our experience allows us to provide practical advice regarding acceptable terms to protect our clients in the long run.