Real Estate Litigation

Sidley has frequently represented parties in disputes relating to various types of public and private construction projects, the financing and management of real estate developments, commercial lease litigation and other disputes involving the real estate industry. Our lawyers have handled litigation in state and federal courts, and before arbitration panels, involving claims for extras, delays, defective work, architect and engineer malpractice, bid protests, bond payments, personal injuries, mechanics liens, misapplication of government funds and fraud, among other types of cases. In addition, Sidley has defended firm clients in consumer class actions involving the title insurance industry in state and federal courts across the country as well as regulatory actions brought by governmental agencies against such clients.

The firm has also represented investors and participants in connection with claims arising out of real estate development projects involving the obligations and performance of managing partners and members under operating and partnership agreements, the interpretation of control, voting and payment provisions and a host of other issues.

Recent cases in which Sidley clients were successful in asserting and defending such claims include:

Niki Development Corp. v. HOB Hotel Chicago Partners, L.P., 2003 WL 1712563, *1 (N.D.Ill., 2003). In this case, Sidley represented the House of Blues defendants against claims made by a limited partner who alleged, among other things, that defendants breached their fiduciary duties by mismanaging the conversion of an office building into a House of Blues branded hotel, and by failing to properly lease commercial space that was part of the mixed use development. The plaintiff also claimed the right to exercise a lucrative put option based on a disputed interpretation of the partnership agreement for development of an adjacent property. The federal district court in Chicago entered summary judgment in favor of the House of Blues on all claims.

Finney v. Stewart Title Guaranty Co., (Circuit Court, Division Five (5), Louisville, KY). In this case, Sidley represented Stewart Title Guaranty Co. against claims made in a putative class action that Stewart had charged rates for title insurance in excess of the rates approved by the Kentucky Department of Insurance. On December 5, 2006, the Circuit Court entered an Opinion and Order granting Stewart’s motion to dismiss.

Cummings v. Express Financial Services, Inc., and Stewart Title Guaranty Co., Case No. 00747, (Court of Common Pleas of Philadelphia County, First Judicial District of Pennsylvania, Trial Division – Civil). In this case Sidley represented Stewart Title Guaranty Co. against claims made in a putative class action that Stewart had improperly failed to charge customers who refinanced their mortgages the discounted title insurance rates required by Pennsylvania law. On September 14, 2006, the Court rejected plaintiffs’ request to certify a class of all customers who allegedly were overcharged and who purchased Stewart title insurance from any of Stewart’s 300+ Pennsylvania agents. Instead, the Court limited the certified class to customers who allegedly were overcharged and who purchased Stewart title insurance through co-defendant Express Financial Services, Inc.