top of page

Introduction

Although buying property, owning and developing it opens excellent avenues for achieving business success and realizing the American Dream, the path can also be fraught with peril. Disputes often arise over property transactions, ownership rights and construction projects. If you run into trouble in any of these high-stakes areas, Burford Perry lawyers will negotiate strategically or advocate vigorously to resolve your dispute and protect your investments. As litigators with a business orientation, we understand our clients’ models and motivations. We’re positioned as well as or better than anyone to handle your dispute and help you prevail.

Real Estate and Construction Litigation

Burford Perry wins $7 million property foreclosure judgment


Client Challenge:

Burford Perry represented WCW Houston Properties, LLC, which held a promissory note secured by a second-priority deed of trust against real property held by Texas REIT, LLC. When WCW sought to foreclose on the property, the owner of Texas REIT created a new entity, Dalio Holdings I, LLC, to acquire the senior debt and wrongfully foreclosed on his own property. The wrongful foreclosure threatened to extinguish WCW’s lien.


Burford Perry Approach:

The Texas REIT owner is known for his propensity to fight every issue in litigation. We had to prove that he owned Dalio and that he had wrongfully foreclosed on the property. Through extensive litigation, we established that Texas REIT’s owner was hiding his ownership and control of Dalio. Then through an aggressive motion practice, we established that Dalio’s owner drastically inflated what was owed under the first priority lien. We succeeded in protecting WCW’s lien by obtaining a summary judgment ruling that Dalio wrongfully foreclosed on Texas REIT’s property.


The Outcome:

Following four years of litigation, we obtained summary judgment that Dalio wrongfully foreclosed on the property and that Dalio’s lien was subordinated to the lien of WCW. The court awarded WCW damages from Texas REIT in the amount of $6,967,483, and authorized WCW to foreclose its lien on Texas REIT’s property. The case is currently in post judgment collection proceedings.


The case is WCW Houston Properties, LLC v. Texas REIT, LLC, et al., Cause No. 2017-35320 in the 151st Judicial District of Harris County, Texas


Featured Client Story

Decades of experience, institutional knowledge and cutting-edge strategies

Investments often involve unforeseen complications. Deals frequently go askew, property rights get encroached upon, and construction projects encounter roadblocks, defects and missteps. If you become involved in a dispute, we can help. Whether you’re a buyer, seller, owner, developer, agent, broker or builder, we’ll effectively and efficiently represent you, take the most optimal course of action, and deliver the best possible outcome. Our team brings seen-it-all experience, a deep well of knowledge and both time-honored and innovative strategies to advance your interests.


Diverse background and an understanding of the complex, long-standing case law

While we have years of service in litigating cases that involve real estate transactions, property rights and construction matters, we also draw on our team’s diverse collective background in accounting, tax law, business ownership and finance. Additionally, unlike many attorneys practicing today, our lawyers are well-versed in the nuances, peculiarities and dynamics of navigating the very historic and often arcane areas of real estate and construction law. All this helps us implement the right approach to address your dispute or potential dispute.


While early is best, we’re ready at any stage, via any route

It’s always best to resolve real estate and construction-related issues in their earliest stages, before they escalate. Our lawyers, however, are happy to discuss your matters and various courses of action at any phase of the dispute. We obtain substantial verdicts and settlements for clients through court proceedings and alternative dispute resolution methods such as mediation and arbitration.


How we work with you

We place a premium on clear communication, always ensuring that you understand your options and providing updates on your matter as soon as developments unfold. As a team, our attorneys work closely together and extend that collaboration to our partnership with clients. We listen closely to your goals and priorities and about the resources at your disposal. Our team recognizes that every client is unique and craft customized strategies that work best for your business objectives and your budget.


How we prevail for you

When you retain us, you receive the service of lawyers who dig deep to understand all of the nitty-gritty details of your dispute, while also stepping back to take a wide-angle portrait of both sides of the matter and examine the totality of your circumstances. This enables us to place all the facts into a compelling narrative that bolsters and advances your position in the dispute. We then convey our case clearly and persuasively during negotiations or, if the situation warrants, at trial. Over the years, this strategy has worked well for our clients, and we believe it will work well for you too.

Overview

  • Real estate and construction litigation comprises a wide range of issues that stem from the financing, development, construction, management, purchase, leasing or sale of property and facilities, among others. They can be relatively simple and straightforward—such as a disagreement about an easement—or entail complicated and multifaceted claims involving several parties and transactions. We adeptly take on issues in the following areas:

    • Adverse Possession Disputes

    • Boundary or Property Line Conflicts

    • Breach of Contract and Anticipatory Breach of Contract

    • Breach of Duty

    • Condemnation Disputes

    • Construction Defects

    • Co-owner Disputes

    • Deed Restrictions

    • Defaults

    • Earnest Money Contracts

    • Easements or Encumbrances on Property

    • Eminent Domaine Disputes

    • Failure to Disclose Property Defects

    • Government Taking and Inverse Condemnation Law

    • Land Encroachment Disputes

    • Land Measurement Disputes

    • Lender Liability Law

    • Lien Rights

    • Negligence

    • Nuisance and Trespass Claims

    • Ownership Rights and Disputes

    • Partition Disputes

    • Property Rights

    • Real Estate Fraud

    • Right of Inheritance Disputes

    • Right-of-Way Disputes


Real Estate and Construction Litigation