Garage Design Snag Stalls Billionaire Cohen’s West Palm Point Office Building Proposal

The 10-story parking garage redesign for the already 23-story office building proposal was opposed by Palm Beach commissioners, prompting Cohen’s legal counsel to tease litigation. 

Wealthy investor Charles Cohen is vying to have the construction of a 23-story office building in downtown West Palm Beach approved by the city. However, a redesign of the 10-story garage was rejected by city commissioners, further delaying the start of the project. 

At the beginning of November, West Palm Beach city commissioners opted to postpone their decision on a design plan offered by Cohen for the West Palm Point development for the third time without adequate reasoning.  

The West Palm Point Development 

Cohen’s West Palm Point development is estimated to be worth more than $100 million. It will include 430,374 square feet of flexible office space, a 480-square-foot café on the roof, and 16,630 square feet of commercial and retail space on the first floor. 

Pelli Clarke Pelli Architects was chosen as the project’s design team as required by the city. Pelli Clarke Pelli changed its concept of the 1,195-space parking structure for the development by including a wall of organic greenery to obscure the building and make it look less like a parking garage. 

Multiple Delays By Palm Beach Commissioners

At the city’s sessions on Sept. 20 and Oct. 28, officials postponed voting on the proposed West Palm Point development. Cohen’s construction and design team thought that the renovated carpark would help create support for six zoning exemptions needed for the project but was initially rejected by the municipal administration. 

The redesigned parking structure, however, did not satisfy municipal commissioners. They continued to request a “parking garage that doesn’t look like a parking garage,” per commissioner Kelly Shoaf. The vote has been further postponed until their next session on December 13, 2021, due to a unanimous vote made during the early November meeting.

The attorney speaking on behalf of project management for the West Palm Point development says, “We’ll work as best we can to try to make something happen, so we don’t have to end up in a lawsuit, because that’s the only other option. We don’t want to go there. But I don’t know how to answer the question of what it should look like, and I’m worried we’re not going to be able to truly do that.” 

Involved In Real Estate Litigation? Get Help From an Experienced Palm Beach, Florida Lawyer 

Feinstein Real Estate Litigation & Business Law has the skills and expertise needed to provide your business with comprehensive legal representation during a construction dispute. Call now at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

Arbitration rules that force parties to resolve disagreements through mediation rather than litigation, are commonplace in a variety of agreements, particularly commercial contracts. 

But what happens when one company decides to sue another, regardless of the fact that their agreement has an arbitration clause? The defendant’s response to the suit typically determines whether or not the case will be successful. Here’s what you should know. 

Arbitration Clauses May Be Used as a Defense  

Consider a case where two organizations committed to arbitrate any contract-related problems by putting an arbitration provision in their contract. Despite entering into the contract, one company later feels aggrieved and initiates litigation. 

In rebuttal to the lawsuit, the defendant’s counsel would most likely mention the arbitration clause as a defense to the proceedings, or they may inform the court of the arbitration agreement’s presence and urge the judge to dismiss the case.

But what happens if the defendant’s lawyer fails to mention the promise to arbitrate in their response to the dispute? Has the defendant’s liberty to arbitrate been forfeited as a result? 

It’s possible. While just responding to a lawsuit does not always imply a surrender of the desire to arbitrate, it can help to create the impression of litigation involvement, which courts have held to be sufficient to relinquish arbitral rights.

How Case Law Has Impacted Business Disputes Involving Arbitration Clauses 

The Sixth Circuit Court of Appeals has devised a two-part test for determining whether an individual’s or company’s actions amount to a renunciation of a contractual obligation to arbitrate disagreements. This test was created with the awareness that “waiver of the right to arbitration is not to be lightly inferred” due to the obvious substantial presumption in support of arbitration. Glazer v. Lehman Bros., Inc., 394 F.3d 444, 450 (6th Cir. 2005).

When to Bring a Business Litigation Lawyer On Board 

Arbitration provisions can be included in a variety of contracts. If you are involved in a contract dispute, especially if your agreement has an arbitration clause, it’s important to seek out the counsel of an experienced Florida business litigation lawyer. 

At Feinstein Real Estate Litigation & Business Law, we have the skills and expertise to provide you with comprehensive legal representation. Call today to book your consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami). Our team is available now to help.