Litigation Real Estate-Related Services

Lewis and Roca's Litigation Group handles more complex real estate-related litigation than any other firm in the Southwest. We have over 70 lawyers who devote a substantial part of their practice to helping clients resolve issues arising out of real estate transactions and property disputes. No matter what venue the dispute is in--state or federal, arbitration or judicial, trial level or on appeal--our lawyers have experience in these areas.

Lewis and Roca litigators represent owners, contractors, subcontractors, and suppliers in all manner of construction disputes including breach of contract, payment claims, delays, construction defects, liens, and bid protests. We represent lenders and borrowers in real estate finance litigation, including compliance with real estate mortgage disclosure statutes, real estate lenders’ duties, foreclosures, receiverships and deficiency suits. Our real estate experience includes representing title companies in disputes involving easements, boundaries, quiet title litigation and escrow agent’s negligence.

Our litigators represent commercial property landlords and tenants in all manners of lease disputes, including non-payment, forcible entry and detainer, and tenant improvements. We represent property owners and municipalities in eminent domain and condemnation litigation. Our lawyers handle all types of zoning and land use disputes, including defending property owners against municipal zoning enforcement actions. We also handle disputes involving access and possession rights, including adverse possession, easement rights, public easements, public ways of necessity and implied easements.

Lewis and Roca's attorneys also understand that sometimes litigation is not the answer and that their role is to help our clients resolve disputes, not exacerbate them. If our clients need assistance in facilitating early negotiations, pursuing alternative methods of dispute resolution, or crafting creative solutions to settle matters, we can do that, too.

Our representative experience includes:

  • Represented client in effective termination of their partnership interest in a real estate development company. Matter involved complex business valuation and accounting issues.
  • Obtained first known opinion in Arizona allowing a landlord to recover lost value damages for breach of a continuous operation provision in a commercial lease.
  • Defended a national grocery store chain in a lawsuit seeking specific performance on conveyance of a store.
  • Represented commercial property owners to evict and collect from defaulting tenants.
  • Represented commercial property owner in multiple lawsuits to resolve disputes arising out of sales of multiple shopping center properties.
  • Defended mining company in eminent domain action brought by the City of Phoenix.