Real Estate & Construction Litigation

Freeborn attorneys vigorously advocate on behalf of our clients in real estate and construction- related conflicts ranging from simple disputes to complex arbitrations, mediations and lawsuits. Whether representing the plaintiff or the defendant, our attorneys will work to achieve the client's desired outcome.

Our real estate and construction litigators represent various stakeholders in the construction space, including owners, real estate developers, general contractors, large vendors and subcontractors, real estate management and brokerage companies, financial institutions, and third-party creditors, among others. With such variety of clientele comes a breadth of experience, which includes claims involving breach of contract, delay, mechanics liens, cost overruns, fraud, labor disputes, defective design, acceleration claims, defective construction, breach of warranty, eminent domain issues, improper takings, zoning issues, landlord-tenant disputes, easements, creditor-debtor disputes, deficiency prosecutions and UCC lawsuits, among others. We have extensive experience representing lenders faced with a distressed debt and "busted: construction projects, which may require them to foreclose or take control of the project to ensure completion.

The experience of Freeborn's construction and real estate litigators make them uniquely able to provide advice and counsel to lending clients involved in construction projects. As a result of representing both lenders in large commercial foreclosure matters and mechanic's lien claimants on failed construction projects, these attorneys can provide advice to lenders at all stages of construction to mitigate losses and protect and preserve the lender's collateral.


  • Successfully prosecuted complex commercial mortgage foreclosure action on large, multi-family project including defense of multiple lien claims.
  • Defended a construction company against breach of warranty claims as to construction of a subdivision of single-family homes.
  • Represented and was successful on behalf of many subcontractors in asserting mechanic's lien claims on both public and private projects, and general contractors on private projects including the preparation of the actual liens and the prosecution of the lien litigation itself.
  • Represented large developers in breach of contract claims including projects in Maryland and Florida.
  • Successfully prosecuted multi-million dollar contractor claim concerning construction of the Cleveland Browns stadium.
  • Represented large national developer in securing disputed zoning rights for construction of a multimillion dollar shopping center.