Construction & Real Estate Litigation
The Rose & deJong practice in Construction Law includes representation of contractors, public and private owners, developers, subcontractors, architects, engineers and homeowners. Our combined experience and sophistication in construction litigation includes a thorough understanding of the regulations that govern in contracting with local, state, and federal governments. That understanding enables us to handle all aspects of public and private construction litigation and contracting. Whether through alternative dispute resolution or at trial we strive to maintain our standing at the forefront of our industry in complex multi-party litigation, construction defect litigation, and construction lien and lien foreclosure litigation.
Construction litigation often involves separate and frequently dovetailing issues in the area of real estate law. Issues related to title, riparian rights, Government takings and matters involving condo or home owner associations all fall under the umbrella of Rose & deJong’s expertise.
Complex Multi-party Litigation
Complex construction litigation usually occurs during or after the construction or remodeling of a large commercial or residential property. It is not unusual for litigation of this sort to involve an owner, architect, engineer, general contractor, and ten or more subcontractors. Most of these parties have insurance carriers that get brought into the litigation as well. Before you know it, there are multiple parties and attorneys involved in these multifaceted cases. Discovery becomes voluminous, and the litigation costs can be significant. It is helpful to have attorneys experienced in handling complex multi-party litigation, who understand the complex case management, the unique legal issues and are familiar with the entire process. Rose & deJong, S.C. has that experience and has handled many cases where multiple parties were involved.
Construction defects do occur. Defects can happen as a result of faulty work, or faulty design.Whether you are building a new residential home, remodeling an existing home, or constructing a new commercial building, if a construction issue or defect is discovered during or after the construction process, Rose & deJong, S.C. has the experience to assist whether it is a leaking roof or basement, or a more complex matter like a faulty condominium construction project.
Construction Lien & Lien Foreclosures
Wisconsin Statutes Chapter 779 governs construction lien law in Wisconsin. These statutes contain the various requirements of perfecting a lien, including the notice and timing requirements. The requirements depend on the project participants and classification of the project. A project funded through private means may be treated differently than a project funded by public entities. A private project will also be divided by size. All these various classifications impact notice and timing requirements. Rose & deJong, S.C. can assist with providing the correct notices and perfecting a lien. Once a lien is obtained, our firm also has experience in filing lien foreclosures.
Further Real Estate & Construction Matters
Real Estate Contract and Development Agreement Disputes
Our attorneys can assist you with any issues or disputes that arise during any phase of a real estate transaction, venture or project. We are comfortable with the language of these Agreements and the real consequences that our clients face when dealing with a breach of a representation or warranty or a misrepresentation by a party. We understand that in these situations, time is money and resolving a dispute without lengthy litigation is essential.
Issues Related to Title, Including Nuisance, Trespass, and Misrepresentation
Rose and deJong has represented numerous individuals and businesses in these highly contentious areas. Whether it’s an issue involving encroachment on your land or damage to your property, Rose & deJong has the experience and knowledge of local ordinances, statutes, and common law to advance your case or help resolve your problem.
Eminent Domain & Just Compensation
Eminent domain and condemnation laws are highly complex and contain various deadlines that property owners need to act on, shortly after the government has initiated eminent domain proceedings. Rose & deJong has experience negotiating and litigating condemnation cases in Wisconsin and has successfully obtained just compensation for our clients.
Rose & deJong represented an owner of a successful Fast Food restaurant, located on one of the busiest corners in Milwaukee. As part of a revamp of that intersection, our client lost both entrances to its? restaurant. Despite the fact that this action put our client out of business, the government insisted that the land was worth much less than its appraised value and argued that it had an after value even though it had become a landlocked parcel. Through vigorous negotiation and creative use of the condemnation statutes, we were able to convince the agency to increase their payment by 35% and allow the client to retain the parcel.