Wargo French

Distinction with a Difference

Real Estate Litigation

Wargo French has been entrusted by some of the nation’s most successful companies to handle their complex litigation matters on a wide range of real estate issues.  Further, our attorneys have expertise in all aspects of construction litigation ranging from pre-litigation counseling and dispute resolution to multi-party construction litigation matters.  Our attorneys routinely handle complex matters in state and federal trial and appellate courts across the country, as well as in domestic and international arbitration, mediation, and other alternative dispute resolution proceedings.  Wargo French attorneys work closely with clients to aggressively and efficiently resolve disputes in a manner consistent with the client’s goals. 

The following matters are indicative of the types of real estate and construction litigation matters successfully handled by Wargo French attorneys:

    • Represented multiple national restaurant chains (franchisors) and other tenants with respect to a variety of real estate litigation matters including, without limitation, landlord-tenant disputes, property management issues, delays in completion of landlord's work, radius restriction disputes, restrictive covenant disputes, eminent domain actions, landlord consent issues, landlord maintenance issues and similar matters.
    • Represented multiple commercial property owners, developers and landlords with respect to a variety of real estate litigation matters including, without limitation, landlord-tenant disputes, property management issues, construction disputes, owner-lender disputes, easement issues, restrictive covenant disputes, broker disputes, title insurance issues and similar matters.
    • Represented multiple national restaurant chains (franchisors) with respect to a variety of sublandlord-subtenant disputes including, without limitation, subtenant defaults regarding payments of rent, failure to maintain property and eviction proceedings.
    • Represented multiple national restaurant chains (franchisors), large public and private owners, design firms, contractors and other similar parties with respect to a variety of contractor, architect and engineer disputes including, without limitation, delay claims, design defects, errors and omissions, mechanic's liens, payment and performance bonds and similar matters.
    • Represented national restaurant chain in dispute concerning right of access and void restrictive covenants with neighboring local business and resolved minor business interruption. 
    • Represented publicly traded national radio broadcasting company in landlord tenant disputes across the United States, including defending company from landlord’s attempts to cancel leases and prosecuting evictions and related actions as landlord.
    • Represented national restaurant chain (franchisor) in lease dispute with landlord, defending against landlord’s allegations of radius restriction and other lease violations and demand for increased rent.  In response to landlord’s demand, filed preemptive federal court lawsuit for declaratory relief, leading to near-immediate settlement on favorable terms for client.
    • Ongoing representation of a national retailer in a variety of landlord tenant disputes, involving co-tenant provisions, rent modifications and defaults, and eviction proceedings.
    • Ongoing representation of a national restaurant chain in landlord-tenant litigation.
    • Represented a national shopping center owner in various disputes involving the enforcement of restrictive covenants, disputes involving property management and eviction proceedings.
    • Represented property owners (developers, retailers and private landowners) in various condemnation and inverse condemnation proceedings.
    • Represented property owners and insurers in litigation involving pollution and remediation.
    • Represented national restaurant chain and franchisee in condemnation action which affected access and ingress to high volume property. 
    • Represented numerous commercial property owners and tenants in a wide variety of real estate litigation matters, including easement, restrictive covenant, insurance, broker and landlord-tenant disputes.
    • Ongoing representation of receivers and bankruptcy trustees over the ownership of real property, including actions to quiet title.
    • Served as national litigation counsel for world’s largest carpet manufacturer in connection with its strategic withdrawal from over 100 commercial leases across the country.
    • Represented seller in suit by putative buyer of hotel for breach of contract.  Settled matter for 10% of claim after successful in-limine motions.
    • In case of first impression, represented subordinate lienholder on appeal from order distributing surplus proceeds following foreclosure of real property. Presented primary and alternative arguments as to date from which deadline to file claim to surplus proceeds should run, prevailed before appellate court on alternative argument, and successfully opposed motions for rehearing and rehearing en banc.  Later, Florida Supreme Court issued opinion adopting primary argument, further validating timeliness of client’s claim.
    • Represented the owner of a 1,200 tract of undeveloped property at trial in Miami-Dade County in a successful inverse condemnation action adverse to the South Florida Water Management District.
    • Acted as special master to the Superior Court of Fulton County Georgia with respect to multiple quiet title actions arising out of tax sales.
    • Obtained judgment of reformation to correct faulty language in deed of trust that had depreciated value of client's lien in real property.
    • Defended lenders and financial services organizations in actions involving priority of title and slander to title.
    • Represented a national credit union in a multi-million-dollar dispute with design-builder concerning defective and non-conforming design, design omissions and project delays.
    • Represented contractor in action involving claims against the project owner for failure to pay amounts owed under the contract and claims brought by the project owner for breach of contract and fraud.
    • Represented contractor against claims of misappropriation of trade secrets and tortious interference with business relations.
    • Represented a public District/owner in a $40 million dispute concerning delay claims arising from the design and construction of a seventeen mile bridge across the Chesapeake Bay.
    • Represented a US affiliate of a Swedish engineering firm in arbitration concerning claims related to the design and construction of a low-level radioactive waste processing facility in Tennessee.
    • Represented owner in complex construction defect and accounting litigation in multi-billion dollar Las Vegas real estate project.