Real Estate & Construction Litigation

Powell Goldstein's real estate & construction litigation group is comprised of trial lawyers with vast experience in all types of real estate disputes. They are accomplished trial practitioners who have successfully represented property owners, developers, builders, subcontractors, public entities and real estate professionals in every variety of real estate litigation.

We have represented some of the most highly regarded developers and builders in Metro Atlanta in a variety of disputes before administrative, state and federal tribunals. They include such companies as Pulte Home Corporation, Winmark Homes and MARTA.

The various types of litigation include: Land Use, Eminent Domain, Landlord Tenant, Broker Commission Disputes, Title Disputes, Title Insurance Coverage Actions, Easement Disputes, Partnership Disputes and Lien Disputes and Construction Litigation.

Construction Litigation

Clients who must pursue or defend defective construction disputes need attorneys who can work together to draw upon their collective experience with such disputes. Powell Goldstein's attorneys not only have this experience, they work together to ensure that our clients benefit from the breadth and depth of our construction litigation team's experience. Our attorneys have represented owners, design professionals, design builders, contractors, subcontractors and suppliers in numerous disputes involving defective construction.

Eminent Domain

Recognized as standing on the forefront of eminent domain litigation, our attorneys have successfully represented property owners when challenging condemnation actions throughout the Southeast. Our attorneys are regularly published and quoted on eminent domain law and often teach and speak on the subject. They are actively involved in teaching the substance and impact of the new Georgia and Florida eminent domain laws to lawyers and real estate professionals.

Land Use Litigation

Our lawyers have successfully challenged numerous denials of rezoning, as well as permit and variance applications throughout the Southeastern United States. We have secured landmark victories for such clients as MARTA, the City of Riverdale, the City of Atlanta, Atlanta Public Schools, and the DeKalb and Atlanta Housing Authorities in significant land use, permitting, and construction disputes. We successfully represented developers and property owners as far north as Union and Dawson Counties and as far south as Harris and Fayette Counties in challenging rezoning and permitting decisions and all of the counties in between. For example, we successfully represented MARTA in defending the City's decision to rezone the land on which now sits the new Lindbergh station project.

Landlord Tenant Disputes

Our team represents both landlord property owners and tenants in disputes that arise over leases. These include disputes regarding all types of properties such as office, industrial, retail, residential, and undeveloped land. Our attorneys routinely teach and publish on landlord/tenant subjects.

Lien Disputes

Property owners call on our litigators to represent them in the process of discharging and dismissing mechanics and brokers liens placed on private property. We have successfully overcome such liens by prevailing on the underlying disputes and achieving court orders dismissing these liens.

Partnership Disputes

Real estate investments and interests are often held by partnerships and limited liability companies. Unfortunately, disputes frequently arise out of the ownership and control interests among those owners. Our attorneys have extensive experience representing the feuding owners as well as the ownership entities themselves. Often times, these disputes end up in arbitration and jury trials. Powell Goldstein lawyers consistently prevail in actions of this type.

Purchase and Sale Contract Disputes

In both the commercial and residential contexts, disputes often arise from contracts for sale. We have assisted parties to these contracts at all stages of these disputes including negotiating amicable resolutions and seeking and securing equitable and monetary damages relief on behalf of buyers and sellers. We also represent brokers in commission disputes in civil actions and before arbitration panels.

Title, Boundary and Easement Disputes

These real estate litigators routinely represent residential and commercial property owners in disputes that arise over title, boundaries and the maintenance of easements. We have successfully represented our clients in quiet title actions, trespass cases and easement interference cases.

Title Insurance Coverage Disputes

We represent property owners when claims are made against title policies. Our coverage experts negotiate, and sometimes litigate, against title insurance carriers in an effort to secure coverage for claims that arise on title policies.

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Partners/Counsel
C. Scott Greene
Walter A. Herring
Marlo Orlin Leach
Curtis James Romig
Associates
Theresa B. Hubbard
Peggy Kane
J. Matthew Watson
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