Construction & Real Estate Litigation

/Overview

Nixon Peabody's Construction & Real Estate Development Litigation team is your trusted partner, offering a unique and value-added approach to real estate litigation. We handle a wide range of cases, from middle-market projects to prominent infrastructure and commercial developments, providing guidance and support throughout the process.

No matter the industry, project size, complexity, duration, or location, rely on our nationally-ranked team of construction and real estate litigation attorneys are here to assist you. We specialize in public bidding, project planning and counseling, contract negotiation, and dispute resolution in courts and ADR.

In addition, trust our decades of experience in all facets of the real estate development industry, including zoning and land use permitting matters, commercial lease disputes, property damage claims, and workouts. Our comprehensive approach ensures that you have a reliable law firm at your side.

We have a track record of successfully trying cases, but we offer much more than that. We’re advisors who provide efficient services and opportunities to help you succeed not only in your current legal matters but also in your broader real estate endeavors. At Nixon Peabody, we are committed to your success in construction and real estate law.

/Representative experience

• Convinced an arbitrator, following a six-week hearing, that the owner of one of the largest renewable energy projects in the Midwest had abandoned the contract, meaning that the owner bore the huge cost overrun on its own, achieving an outright defense victory for our client and the claim, as well as an award of millions of dollars in attorneys’ fees.
• Public works contractor against subcontractor claiming unpaid amounts due on completion contract, unpaid retention, and prompt payment penalties in California state court bench trial. Obtained judgment on client’s cross-complaint for disgorgement of all monies paid to subcontractor due to subcontractor’s performance of unlicensed work for failure to carry workers’ compensation insurance. Successfully defended judgment and subsequent award of attorneys’ fees on appeal.
• Public works contractor claiming unpaid retention, change order work, and fraud against school district and individual defendant, and defended contractor against breach of contract and false claims by district in three-week California state court jury trial. Obtained jury verdict on all affirmative claims and successfully defended against district’s false claims cause of action.
• In the second Zoom trial conducted by the Massachusetts Superior Court Business Session, succeeded in defending a major Boston commercial building landlord on a tenant’s claim for damages and on the landlord’s counterclaim for breach of contract. In a subsequent written decision, the court also awarded our client attorneys’ fees and costs.
• In a dispute running for 13 years, and the subject of an arbitration, two trials, and two appeals, we successfully represented Bourbon Marble, Inc., in recovering more than $4.3 million in damages, litigation fees and costs in a breach of contract action against Pepper Construction Company.
• Senior living campus in suburban Boston in connection with a review and analysis of contractor claims and change orders resulting from a $30 million, multi-year renovation/expansion project. We provided contract and claim analysis as well as litigation strategy advice. Ultimately, the matter was resolved in the client’s/owner’s favor at a three-way mediation between the owner, the construction manager, and the primary subcontractor, which resolved the pending lawsuit and all potential disputes. This allowed the project to stay within budget and open to accept residents.
• The Regents of the University of California and another university system in cases involving claims for breach of contract and negligence against contractors and manufacturers and suppliers of utility piping arising from the catastrophic failure of underground utilities distribution piping systems at multiple campuses.
• Obtained a decision from the Rhode Island Superior Court that reversed the denial of a master plan application for a $20+ million assisted living facility specializing in Alzheimer’s care. As a result of this judicial victory, a stalled development is back on track.
• Secured affirmance in the New York Appellate Division—2nd Dept of a $5.5 million trial judgment in adverse possession case.
• Obtained a favorable judgment representing two co-trustees of a revocable trust (the plaintiffs) in connection with a complaint for declaratory judgment to clarify title to real property in the Back Bay section of Boston. The judgment, secured in less than eight months, resolved the title issue for the family.

/Recognition

• Nixon Peabody has been named a Tier 1 National firm for Construction Law; Litigation - Construction; Litigation - Real Estate; and Real Estate Law in the 2025 edition of Best Law Firms®.
• Ranked in Chambers USA for Litigation (General Commercial) in Massachusetts, New Hampshire, Upstate New York, and Rhode Island
• Recommended in The Legal 500 United States 2024 editorial for Real estate - Construction (including construction litigation)