WTO lawyers have successfully defended real estate agents, brokers, investors, developers, appraisers, and construction companies in numerous trials and litigation. We also represent companies, manufacturers, and individuals in complex commercial litigation involving real property and related disputes.
Our team has experience handling issues that affect clients all across the real estate industry:
- Bad faith actions
- Breach of contract
- Commercial matters
- Defect disputes
- Environmental and contamination allegations
- Evictions and forcible detainers
- Nuisance matters
- Oil & gas
- Personal guarantees
- Premises liability
- Professional liability
- Property rights
- Quiet title actions and lis pendens
- Rights of first refusal
- Toxic torts
- Advising a real estate client on how to safeguard its constitutional rights amid governmental overreach related to the COVID-19 pandemic.
- Represented a commercial property management company in a real estate dispute involving a marijuana growing facility. The seven-day trial began in March, 2020, was interrupted by the pandemic, and concluded remotely in July, 2020. Decision pending.
- Representing a global commercial real estate company in connection with various issues, including foreclosures and guaranty agreements, related to the COVID-19 economic downturn.
- Successfully represented Aimco, one of the largest apartment owners in the U.S., in nationwide litigation alleging intentional torts against Airbnb. After jury selection in the first trial, Airbnb settled all litigation on terms allowing Aimco to control short-term rental activity consistent with its contract and property rights. The closely watched litigation is changing how the short-term rental industry operates.
- Represented a real estate developer in a business tort case in which family members alleged they were entitled to a profit share of development.
- Horizon Park Partners v. Gator Horizon Partners (Colo. Ct. App. 2016) - Won reversal of summary judgment against our client, a real estate developer, in a dispute over a reciprocal easement, the outcome of which had a multimillion-dollar effect on the value of the property. The case was remanded to district court with orders to hear evidence at trial.
- Represented a real estate company in a business tort cases alleging fraudulent appraisals and false claims act claims.
- Obtained injunctive relief for a shopping center owner and developer requiring an adjacent property owner to renovate the shopping center common area according to the terms of a reciprocal easement agreement.
- Represented a major REIT in class action arbitration initiated to recover damages related to a natural disaster.
- Secured a favorable outcome for our client in a real estate dispute involving damages claims of almost $9 million. The defendant alleged that our client had defaulted on a personal guaranty related to a Texas real estate development project. Following a five-day trial in federal court in Colorado, the jury awarded only a tenth of the original demand.
- Represented a commercial tenant in a lease dispute. After WTO won partial summary judgment, the case settled very favorably.
- Borders v. Aspen Equestrian Estate (Colo. 2010) - Successfully defended against a real estate company's claims that WTO's client's interference caused the loss of a $2 million investment when it prevented the sale of a shopping center before the real estate market crashed. WTO was retained in the last months before trial, and despite rulings made before WTO's engagement that the basis for interfering lacked merit as a matter of law, following trial, the court ruled for WTO's client on all issues of liability, causation, and damages.
- Scott v. Chicago Title Insurance (Colo. Denver Cnty. Dist. Ct.) - Represented a real estate developer and obtained a $4.8 million judgment against the title insurance company after a seven-day bench trial in a bad faith breach of title insurance action.
- Represented a major railroad company in connection with numerous right of way disputes, including quiet title and condemnation actions.
- Obtained a defense verdict for ARCO/Thunder Basin Coal Company in an antitrust case involving real estate development incident to a client's coal mining operations in Campbell County, Wyoming.
- Won a defense verdict in a bench trial in Colorado involving a real estate dispute.