We represent clients across the industry in all aspects of real estate and construction litigation, mediation, arbitration, and other forms of alternative dispute resolution.

Real estate developers, owners, and lenders trust us with their disputes because we approach litigation as a vehicle to achieve their business objectives – not as its own objective. Our internally supportive and collaborative approach allows us to identify and deploy the right resources to each engagement, regardless of geography.

We also have experience with many different types of clients—developers, owners, lenders, commercial landlords and tenants, REITs, private equity and venture capital groups, builders, contractors, management companies, housing authorities, and design professionals. This gives us the ability to see different sides of an issue and serves us well in dispute resolution or litigation.

Our attorneys partner with our clients to provide business-oriented, and practical solutions to real-estate and construction-related disputes. We are on the cutting edge of issues that affect real estate and construction litigation, including:

  • Loan/financing litigation and workouts
  • Receiverships and foreclosures
  • Commercial landlord/tenant disputes
  • Contract disputes (development agreements, sales/acquisition agreements, intra-ownership disputes)
  • Land use (zoning, easements, and adverse possession)
  • Fair Housing and Americans with Disabilities Act claims, including the defense of housing discrimination and accessibility complaints
  • Title disputes
  • Condominium, hospitality, and resort/timeshare litigation
  • Partnership/member disputes
  • Bid protests
  • Construction disputes
    • Differing site conditions and changed conditions
    • Deficient design and construction disputes
    • Construction delay and disruption disputes
    • Change order disputes
    • Structural failures 
    • Defense and prosecution of actions necessitating lis pendens actions 

Real Estate Litigation

Our “business first” approach to dispute management is proactive. Our real estate litigators regularly work with our real estate transactional lawyers and the client to gameplan dispute avoidance strategies before a deal is finalized. When a dispute arises, we work with the client to develop strategies to contain and resolve the dispute before it ripens into litigation.

Sometimes litigation is necessary, and when it is, our real estate litigators efficiently, aggressively and proactively represent our clients’ interests in trials, arbitrations, and other administrative hearings – and we do so to win. We believe that our success in obtaining favorable pre-trial resolutions results from our reputation as litigators who are not afraid to take cases to trial and who are formidable adversaries in the courtroom. Throughout the dispute cycle, we remain laser-focused on our clients’ business objectives, and use litigation as an instrument to advance and support those objectives. Our real estate litigators pride themselves on being a part of our client’s business team.

Our team of bankruptcy attorneys bolster our Real Estate Litigation practice, handling matters throughout the United States and its territories for numerous landlords. Our bankruptcy attorneys are known for their command of issues of importance to landlords in general, and REITs in particular. The team has an unparalleled knowledge of bankruptcy and workout issues arising in large-scale retail tenant bankruptcies.

Construction Litigation

We represent owners, lenders, contractors, manufacturers, and design professionals in all aspects of construction disputes, including litigation and alternative dispute resolution.

Our attorneys are active in the courts, local hearing, zoning, planning, and review boards, as well as other venues throughout the country. Our construction litigators support Ballard Spahr’s real estate development, real estate finance, energy and project finance, and environmental practices by evaluating and addressing potential issues at the forefront of project development.

Our construction litigators defend against claims alleging failure to design and construct projects in compliance with handicapped accessibility laws, including the Americans With Disabilities Act and Fair Housing Act. In fact, we have defended some of the largest Fair Housing Act cases brought by the U.S. Department of Justice and advocacy groups. We also work with clients on developing specific language and certifications for the construction contracts, new procedures for third-party consulting on the complicated accessibility requirements, and a process for evaluating compliance and corrective work for completed projects.

We are familiar with implementation of advanced technology design and construction methodologies and help clients incorporate them into their construction processes. Ballard Spahr also counsels construction clients on project-specific record-management systems and implements advanced document management methods in our litigation practice to control the costs of discovery and trial preparation.


Brian Schulman
Practice Leader
Tel 602.798.5407