Recent Publications

New York Court of Appeals Rules Contractual Limitations Period Unenforceable, Resolving Conflicting Policy Conditions in Favor of Coverage

In a decision issued on February 13, the New York Court of Appeals ruled that a policy’s contractual limitations provision requiring suit to be filed within two years of a loss is “unreasonable and unenforceable” when the insured’s property cannot be reasonably replaced (as necessary to fulfill a separate condition of coverage) within the two-year limitations period. >>

Texas Supreme Court Limits the Scope of the Contractual Liability Exclusion

On Friday, January 17, 2014, the Texas Supreme Court issued its opinion in Ewing Construction Company v. Amerisure Insurance Company - holding that “a general contractor who agrees to perform its construction work in a good and workmanlike manner, without more, . . . does not ‘assume liability’ for damages arising out of its defective work so as to trigger the Contractual Liability Exclusion.” >>

Real Estate and Construction Litigation

Haynes and Boone’s Real Estate and Construction Litigation group assists clients in resolving the real estate and construction-related disputes they face on a daily basis. From planning to construction to operation to sale, our attorneys have the knowledge and experience to counsel clients on risks, to seek resolutions that avoid costly litigation, and, if necessary, to aggressively pursue our clients’ rights in both state and federal court as well as in arbitrations, mediations, and other forums for dispute resolution.

We also regularly work with attorneys in other practice areas within the firm to provide clients in the real estate or construction industry with guidance and advice concerning current or potential litigation and disputes.

Our lawyers represent property and building owners, property managers, real estate developers, title insurance companies, landlords, insurers, architects and engineers, general contractors, subcontractors, retail companies, tenants, pipeline companies, lenders and mortgage companies, Real Estate Investment Trusts (REITs), construction equipment companies, and construction material providers.

Our attorneys have experience representing clients in disputes concerning office buildings, shopping centers, malls, hotels, apartments, infrastructure, financing, land development, condominiums, pipeline condemnation, industrial complexes, raw land, and other commercial and residential properties.

We handle cases and disputes involving a wide variety of claims including title disputes, lease-related claims, evictions, and other landlord/tenant disputes, options and rights of first refusal, commercial and residential property deed restrictions, boundary disputes, condemnation, eminent domain, and inverse condemnation, escrow accounts, foreclosures, lien priority and validity disputes, lis pendens, breach of contract, construction defects and other disputes, architect and engineer liability, breaches of representations and warranties, mechanic’s and materialman’s liens, liens against mineral/oil and gas properties, landlord liens, tax liens, bankruptcy matters, title examinations and insurance, usury, fraudulent conveyances, fraud, negligent misrepresentation, trespass, premises liability, and nuisance.