Porter Hedges has deep expertise and knowledge in real estate disputes. Whether as plaintiffs or defendants, our lawyers represent clients in all phases of trial, arbitrations, mediation, dispute review boards, and appeal on matters related to real estate litigation. We have litigated virtually every type of real property dispute, working closely with our litigation and bankruptcy sections to represent lenders, borrowers, developers, owners, landlords, and tenants in a wide range of real estate disputes.

From pre-litigation evaluation to trial strategy, we help our clients efficiently and effectively navigate complex real estate disputes in state and federal courts, as well as in alternative dispute resolution situations. Our experience includes a broad range of issues, including lease disputes, contractual matters, buy-sell agreements, asset recovery, debt and equity modification, partnership disputes, property tax protests, environmental issues, and land right issues such as easements, eminent domain, condemnation, and rights of way.

Our team also works closely with our construction law section in connection with the drafting and negotiations of construction and design professional agreements.

Experience

  • Represented a major privately-held company and its affiliates in the defense of fraud, breach of contract, and full recourse liability claims in connection with a CMBS loan, leading to five-week bench trial and directed verdict on all asserted claims and more than $30 million in alleged damages. Currently pursuing judgment on counterclaims and eventual appeal by Plaintiff. 
  • Represented a major student housing developer and property management company in defense of a lease dispute involving claims of fraud, contract, and declaratory relief, leading to injunction proceedings and the eventual removal of lis pendens in Brazos County, Texas. 
  • Represented commercial and residential buyers and sellers in a variety of disputes involving claims of fraud, DTPA, breach of contract, breach of warranty, and declaratory relief reflecting millions in asserted damages. 
  • Represented commercial real estate owner in the defense of lawsuits seeking Americans with Disabilities Act (“ADA”) claims. 

  • Represented an owner of a shopping center in jury trial regarding common area use and reimbursement agreements.

  • Represented a large property owner on claims of adverse possession and easements by use.

  • Represented various shopping center tenants in Houston, Texas in a trial regarding a highway expansion.

  • Represented a publicly traded company in claims related to the collapse of a retail building adjacent to property under development.
  • Represented the owner and developer of a hotel in claims against the general contractor, mechanical subcontractor, HVAC supplier, HVAC equipment manufacturer, HVAC component manufacturer, piping insulation manufacturer, and associated sureties arising from a defective and malfunctioning HVAC system.
  • Represented a landowner in a boundary dispute arising from the location of a fence between two properties.
  • Represented a commercial tenant in claims arising from an unlawful lockout and the landlord’s refusal to pay a tenant improvement allowance.
  • Represented an engineer and surveyor in claims regarding over clearing of trees and brush in connection with the installation of a new sewer line for a master planned community.
  • Represented a multifamily property developer in claims related to a subcontractor’s failure to pay for labor and materials furnished in connection with the construction of several multifamily properties.
  • Represented a commercial landlord in claims related to a tenant’s failure to pay for labor and materials furnished by construction contractors and related improper lien filings.
  • Represented a property owner in claims against the owner of an adjacent shopping center arising from damage to a retention pond and other drainage improvements caused by stormwater runoff.
  • Represented a property owner in claims against a railroad related to the improper modification of a culvert that caused flooding on the owner’s property.
  • Represented property owners in a pipeline easement dispute on trespass and conversion claims for pipeline running from Texas City to Chocolate Bayou.
  • Represented a Fortune 500 company in condemnation proceedings relating to the construction of a professional sports stadium in Arlington, Texas.
  • Lead counsel in injunction proceedings against the State of Texas involving access to property and oil and gas leases.
  • Lead counsel on a pipeline eminent domain case involving the right to condemn and value issues against a landfill gas company.

  • Represented several land owners including industrial facilities in eminent domain cases involving the Texas Department of Transportation.

  • Represented successfully land owners at the Court of Appeals on eminent domain case involving the right to take, public use, and easement value issues.

Professionals