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Litigated Closed-Down Golf Course in Palm Beach Residential Area Sells for $33M

A closed-down golf course in Boca Raton has sold for $33M after years of being mired in litigation. The Mizner Trail Golf Club was purchased by a West Palm Beach County real estate company that may build additional residential homes on the land after leveling the golf course. 

Residents Fighting Against Redevelopment 

The 125-acre golf course was the subject of heated litigation on both sides as residents surrounding the area fought against the redevelopment of the course for many years. They introduced lawsuits to halt development on the property, however, lost in 2014 when a Palm Beach County commission approved the area for redevelopment. However, it wasn’t until the end of 2019 that the golf course sold. 

Meeting New Housing Needs 

Housing trends in Florida are heading towards easy-to-build, single-family homes that can be rented and are simple to maintain and revamp in between tenants. The Mizner Trail Golf Club will likely be used as land for these new types of rentals, despite the disapproval of nearby residents. It is unknown if this is the confirmed plan for the property though, and construction may not begin for some time. 

As the need for housing in Florida continues to grow, more areas like this shuttered golf course may be sold for redevelopment into functional spaces that can provide homes to residents in need. 

Are You Involved in Real Estate Litigation? Get Legal Help Now 

If you’re interested in acquiring or developing a property and are facing opposition from residents or businesses in the area, it’s important that you have adequate legal representation throughout the process. Not only do you want to make sure that your best interests are protected, you also want to be confident that you’re abiding by all zoning and development laws. 

Without the help of an experienced real estate litigation attorney, you may lose more than just time and money. Your reputation is also at stake, so it’s critical that you act quickly and consistently. 

Feinstein Real Estate Litigation & Business Law Can Help 

At Feinstein Real Estate Litigation & Business Law, we have years of experience protecting the rights and interests of our clients in a wide variety of real estate and business litigation matters. We’re not afraid to settle out of court or go toe to toe in the courtroom; whatever your case needs for success, we’re ready to rise to the occasion. 

Contact our office today to schedule your consultation at 954-767-9662.

By : admin | January 27, 2021 | Construction Litigation

$6M Palazzo Villa Condo Sells After 2 Years of Real Estate Litigation

Orlando Contract Disputes

After two years of contentious real estate litigation, the last of four Palazzo Villa condos in Palm Beach was sold for $6 million. 219 Brazilian Ave. in Midtown now belongs to a Florida limited liability company called 219 Brazilian LLC. 

A Real Estate Lawsuit Dating Back to January 2018

In January 2018, Palm Beach couple Robert and Francine Green brought a lawsuit against four companies: three of them related to ARCA U.S. Holding Corp. and the fourth, Palazzo Villas of Palm Beach Development, Inc. 

The Greens alleged that Palazzo Villas breached their contract after the couple put down a $1.4 million deposit for the condo at 219 Brazilian Ave., listed for sale in May 2016 for $7.195 million. 

In the real estate lawsuit, the Greens stated that Palazzo Villas failed to deliver the condo as promised in the contract and additionally did not refund their deposit. 

Palazzo Villas denied the allegations and countersued the Greens. Litigation continued for two years until a settlement was finally reached. 

A Confidential Settlement 

In December 2020, the claim was resolved by Palm Beach County Circuit judge James L. Martz, with neither party the winner. 

The settlement itself remained confidential, however, both the Greens’ lawsuit and the countersuit against them by Palazzo Villas were dismissed and each party is responsible for their own legal expenses. It is unclear whether the Greens were reimbursed for their $1.4 million deposit. 

It also remains unknown if the Greens did end up being the purchasers of the property through a company called 219 Brazilian LLC. The condo was sold off-market at the end of December for just $6.05 million. 

Involved in Real Estate Litigation? Feinstein Law Can Help 

Real estate litigation can be complex and drag on for months or even years, like Green vs. Palazzo Villas. It’s crucial that you have an aggressive litigator on your side who is comfortable in the courtroom and can zealously represent your best interests. Regardless of which side of the case you are on, our team can provide you with the smart legal strategies you need for success. 

Feinstein Real Estate Litigation & Business Law has extensive experience advocating for our clients in court, even against the toughest and largest legal teams. We can help you resolve your lawsuit and increase the chances that the final court order is in your favor. 

Call now for a consultation at 954-767-9662. 

By : admin | December 27, 2020 | Construction Litigation

What Are Construction Defects and Design Negligence?

Orlando Real Estate Litigation

When you hire a company to design and build property, you expect that the finished result will be free of defects and design flaws that can impede your ability to use the building for the purposes for which it was designed. 

If this doesn’t happen, it can leave you frustrated, concerned, and unsure of what you can do to resolve the situation to ensure your investment is protected. 

Here’s what you should know about construction and design defects and how contractor negligence can be handled through litigation. 

Construction Defects Defined 

Construction defects are defects in the structure of a residential or commercial building due to errors that occurred during the building and development process. 

For example, if a contractor installed a door incorrectly that prevents you from using part of the building or poses a hazard, this is considered a construction defect. 

When Design Negligence Is the Root of the Problem 

Design defects, or design negligence, are often included under the umbrella of construction defects. These are issues with the actual design of the building rather than the execution of its development. 

For example, a designer may be held responsible for roof repair or replacement if its design prevented it from adequately protecting the building even when installed incorrectly. 

Can You Benefit From Construction Litigation? 

The American legal system provides remedies for purchasers that have suffered damages or losses as a result of a construction or design defect. You may be able to bring a lawsuit against the designer, developer, or builder of your property for financial compensation. 

If you are unable to reach an agreement with the designer or developer of your property to repair the defect(s) and compensate you for the losses you may have incurred as a result, litigation may be a viable option. 

During real estate litigation, you will bring your claim forward for a judge to determine if the defect caused you to suffer damages and if so, how the defendant should make reparations for that. 

Contact Feinstein Real Estate Litigation & Business Law Today 

At Feinstein Real Estate Litigation & Business Law, we have the experience and skills to provide you with zealous and aggressive representation in the courtroom. We’re seasoned litigators and can help ensure your best interests are represented throughout the dispute process. 

Contact us today to learn more about filing a construction defect or design negligence lawsuit or to schedule a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), 305-728-5267 (Miami).

By : admin | December 16, 2020 | Construction Litigation

Construction Litigation Stems From Lack Of Payment For Project

Orlando Real Estate Litigation

Hiring companies to perform certain duties or to complete projects is common. Often, contracts are drawn up that detail the terms of the business relationship, and agreements are made. Of course, not everyone abides by those terms, and not everyone chooses to act in an upstanding manner. As a result, when a company is not paid as agreed, construction litigation can result.

Florida readers may be interested in a lawsuit recently filed in another state. According to reports, a construction company was hired to perform work on a county law center. The owner of the construction company filed the lawsuit claiming that the construction manager on the project and the board of supervisors withheld money paid by the county that was supposed to go to the construction company.

The construction company owner indicated that the company is owed over $600,000. As part of the initial agreement for the project, the parties agreed that the money would be paid by the county to the construction management company, which would then distribute the appropriate funds to the contractors and subcontractors working on the project. The suit also stated that the construction company was asked to perform additional work and that poor management of the project resulted in the company facing substantial costs.

Not receiving proper compensation for a construction project is certainly frustrating, but it can also mean that a company loses funds needed to pay for supplies, labor and operational costs. As this case shows, some parties may need to take legal action in order to ensure that they receive the payment owed to them. Florida company owners facing this type of ordeal may wish to look into their construction litigation options.

By : admin | June 23, 2020 | Construction Litigation

Wrongfully Stopping Work Could Lead To Construction Litigation

Fort Lauderdale Business Disputes

Winning a bid for a renovation or a new build here in the Miami area can be exciting. The prospect of building or maintaining the company’s reputation and working hard to make a profit could give owners a new reason to look forward to the workday. That is, until it comes time for a payment that does not come. Some contractors may be tempted to stop work until payment is made, but doing so wrongfully could end up leading to construction litigation.

In order to help ensure that does not happen, Miami contractors may want to include a provision in their construction contracts, addressing non-payment. Other than having the ability to file mechanic’s or construction liens, companies may also want to have the option of stopping work when they do not receive scheduled payments. If such terms are not included in the contract, or even if they are, using this option could prove problematic.

Contractors must proceed with caution when using a work stoppage when payments are not forthcoming. First, if the requirements outlined in the contract are not followed, it could constitute a breach of contract. Second, it may work best to start off by documenting the situation and the efforts made to receive payment, such as phone calls, emails, demand letters and more. These types of efforts may be worthwhile before stopping work in order to make sure there is a paper trail that justifies it.

Any company wanting to add this type of collection option to its construction contracts or contemplating stopping work would definitely benefit from discussing the situation with an experienced attorney first. A contractor may consider this a simple collection method, but in reality, it is part of the steps that could lead to construction litigation. It would obviously be better to be on the right side of a work stoppage, so understanding the pros, cons and risks of such a move beforehand could save on time, money and effort in the end.

By : admin | June 3, 2020 | Construction Litigation

Construction Litigation Threatened Over Endangered Species

Orlando Contract Disputes

Commercial real estate developers in Florida and elsewhere can sometimes find themselves in a difficult position when residents of an area oppose construction. Though the developer may try to continue with the project as intended, some parties may try to take action in hopes of delaying or stopping a project altogether. Often, this type of scenario leads to construction litigation.

Threats of a lawsuit have recently occurred in another state over the construction of a Dollar General store. Reports stated that members of the community believe that the developer, the state’s Department of Environmental Quality and the county have disregarded federal law that protects an endangered species in the area. Apparently, the construction could harm the population of Appalachian Elktoe mussels.

Approximately 50 protesters lined the roadway in front of the construction site to express their displeasure. The report indicated that the opponents have hired an attorney to file a letter of intent to sue over the matter. Construction can continue until an official lawsuit is filed, and all parties have two months to respond to the letter of intent, during which time construction could be completed.

Threats of construction litigation can certainly be troublesome to developers. However, it is a possibility that many in the construction industry face. In the event that Florida construction company owners and developers do have to contend with this type of ordeal, they will certainly want to understand their legal options. Speaking with experienced attorneys about responding to a letter of intent to sue and what litigation could entail may prove helpful to concerned parties.

By : admin | May 26, 2020 | Construction Litigation

Construction Litigation Results After Nonpayment

With any business, it is important to get paid. Business owners and operators need the funds provided by clients and customers in order to keep their doors open. As a result, when a construction company does not receive payment for services, it can cause major hindrances. In some cases, it may be necessary to move forward with construction litigation if a client does not pay.

Florida readers may be interested in such a case currently underway in another area. According to reports, a construction company has filed suit against a university after completing a housing project for the university. Though the company was a subcontractor involved in the project, it desired direct contact with the university and other parties involved in the project.

The company completed the changes to the doors, windows and cabinets as requested and sent an invoice to the university for $542,684. The report did not mention when the company completed its portion of the project, but it had not yet received payment for those services or the retainage funds. As a result, the company has filed suit against the university, which did not provide a comment for the report.

It can be frustrating for companies to have to essentially hunt down payment for projects that they complete. As this case shows, that hunting may not always go well, and it can take additional action to work toward obtaining funds owed to the company. Construction litigation may be necessary if Florida companies are facing issues of nonpayment for completed projects or other services, and understanding their legal options may be vital to such scenarios.

By : admin | May 11, 2020 | Construction Litigation