Beveridge & Diamond
 

Real Estate Litigation

Beveridge & Diamond, P.C. has extensive experience in the development of significant real estate projects, including office buildings, apartment and condominium complexes, mixed-use projects, planned use communities, shopping centers, warehouses, sports facilities, industrial properties, and places of worship. We are nationally recognized in the redevelopment of underutilized Brownfields properties. Our clients include developers, institutional investors and financiers, municipalities, contractors, architects, environmental engineers, owners and tenants. We regularly counsel our clients as to the federal, state and local laws and regulations governing real estate development and use, with an emphasis on risk management and avoiding litigation.

Our real estate team offers pragmatic, responsive and dedicated advice to its clients in all aspects of the acquisition, development, finance, management, leasing and transfer of land. Such representation includes the drafting and negotiating of purchase and sale agreements, tenant leases, management agreements, options, rights of first offer and rights of first refusal, construction agreements, architect’s agreements, ground leases and easements. We have worked extensively in the area of condominium development and conversion in both commercial, residential, and mixed-use projects.

We have proven expertise in the areas of land conservation and affordable housing. Our team represents conservation trusts dedicated to protecting the wildlife habitat and ecological integrity of our landscape. We aid numerous developers in furthering public policy by creating affordable housing projects in our communities. In these capacities, we have formed strong working relationships with regulating entities to further the shared mission of promoting the welfare of our citizens and our environment.

Beveridge & Diamond has significant experience not only in real estate, but also in environmental, tax and litigation matters. That experience enables us to assist clients in structuring and negotiating sophisticated financing and refinancing, including participation loans, convertible loans, equity kickers and credit enhancement techniques. As the recognized national leader in the environmental arena, our firm has vast experience in ensuring that adequate environmental reviews are completed and in dealing with issues relating to wetlands, hazardous wastes, leaking underground storage tanks, zoning, subdivision and infrastructure requirements. We are familiar with state laws requiring environmental investigation and remediation upon transfer of ownership, such as the New Jersey ISRA law. Our lawyers have extensive experience in drafting and negotiating indemnification and liability provisions in purchase and sale agreements, secured loan documents and leases. As a result, we frequently assist corporations, individuals and other law firms in the preparation and review of environmental provisions in such agreements. 

In all that we do, we partner with our clients to define and achieve attainable goals in an efficient and result-oriented manner.

Representative Matters
Representative Matters
  • On behalf of the City of Oakland, we sued the Federal Highway Administration (“FHWA”) and the California Department of Transportation (“Caltrans”) to void a transfer of property from the Oakland Army Base to Caltrans that threatened to isolate Oakland’s planned development of the former Army Base property.  When the Oakland Army Base was decommissioned, the City of Oakland and the Port of Oakland negotiated with the Defense Department to take over the property for port expansion and commercial redevelopment.  Under an obscure provision of federal law that permits FHWA to transfer abandoned federal property to state transportation agencies, FHWA deeded to Caltrans strips of land on the perimeter of the Army Base underlying a freeway.  Caltrans claimed to require title to the property to provide security for the elevated freeway structures.  The parcels Caltrans acquired, however, blocked access to the Army Base property from Oakland.  We filed parallel suits in state and federal court challenging the propriety of the transfers for failure to follow the statutory transfer process and for ignoring the requirements for environmental reviews.  After extended negotiations, we successfully settled the cases by obtaining permanent easements across the Caltrans parcels, assuring access.
  • On a number of occasions, our litigators have been instrumental in forcing polluters to take responsibility for contamination of property owned by our clients.  In a Massachusetts matter, for example, we convinced a predecessor in title to accept responsibility for the environmental impairment of the site, overcoming arguments that the predecessor was not liable for the acts of prior occupants of the property and that a “hold harmless” provision in a deed was a covenant running with the land that exempted the company from any liability to succeeding owners. 
  • We have also assisted prospective homeowner clients in negotiations with community associations that threatened unfairly restrictive interpretations of covenants governing housing construction.  And we have advocated for clients asserting their rights under real estate contracts and challenging unfair and deceptive practices in real estate marketing.