An Atlanta Real Estate Litigation Attorney Will Resolve Real Estate & Construction Litigation Disputes

The real estate industry is built on countless high-dollar transactions and construction projects. When conflicts arise, the resulting litigation can be costly and complex. If you are involved in a dispute related to real estate or construction projects, our team can advise you of your options. When these high-stress situations cannot be resolved, litigation may be the only avenue left. An Atlanta real estate litigation attorney can review your circumstances, answer any questions you might have, and help you navigate the judicial system as you seek a fair outcome. Whether you are a builder, an investor, or a homeowner, our team is ready to help you with your litigation needs.

Common Types of Real Estate Litigation

Real estate disputes can arise at any stage of a transaction or ownership cycle, from the initial purchase through the use of the land after the transaction is complete. These disputes often involve large financial stakes and require swift legal action to protect your property rights. Below are some of the most common types of real estate litigation our firm handles on behalf of all of the interested parties to a transaction.

Breach of Real Estate Purchase Agreements

A real estate transaction is a contract, and when one party fails to uphold their end of the deal, litigation may be unavoidable. Common breach of contract claims include the failure to close on time, backing out of a signed agreement without cause, or refusing to release earnest money deposits. Buyers also have the power to sue sellers for misrepresenting the property’s condition or failing to provide a clear title. Sellers, in turn, may bring claims against buyers who fail to secure financing or otherwise breach the terms of the agreement.

Boundary Disputes

Disagreements over where one property ends and another begins are surprisingly common. These disputes may involve encroachments, fences built on the wrong side of a lot line, or access roads that cross a neighbor’s land. Easement disputes arise when one party denies or obstructs access to which the other is legally entitled. These issues often require legal action to quiet title, enforce access rights, or request injunctive relief to stop interference.

Quiet Title Actions

A property’s title must be clear and free of competing claims. If a title is clouded due to errors in prior deeds or old liens, a quiet title action may be necessary to resolve ownership of the property. These lawsuits seek a court order declaring the rightful owner and eliminating conflicting claims in the county records. Title companies may also become involved if a defect leads to financial loss or denial of coverage.

Commercial Lease Disputes

Landlords and commercial tenants often clash over the terms of long-term lease agreements. Disputes may involve unpaid rent, property damage, failure to maintain the premises, early termination, or disagreements over responsibility for taxes and standard area maintenance charges. In some cases, landlords pursue eviction, while tenants sue for breach of lease or wrongful lockout.

Land Use Conflicts

Property owners and developers may find their projects delayed or blocked by local zoning boards, municipalities, or even neighboring landowners. Litigation involving zoning disputes is also common. Zoning disputes can involve denial of a variance, challenges to a permit, or claims that a proposed use violates land-use regulations. You may have no choice but to file a lawsuit to appeal administrative decisions or challenge local ordinances.

Real Estate Fraud

Fraudulent conduct, including forging documents or misrepresenting ownership, can derail real estate transactions and cost you thousands. This type of fraud can involve sellers, brokers, or even third parties attempting to take advantage of you.

Common Types of Construction Litigation

Construction projects are complex affairs. They can involve a large cast of characters, including owners, investors, contractors, and subcontractors. When things go wrong, disputes can quickly escalate into costly legal battles. If a conflict breaks out, you could benefit from understanding the nature of these disputes before you speak to an Atlanta real estate litigation attorney. Some common examples include the following:

Breach of Construction Contract

The most common construction-related disputes stem from breach of contract. These claims arise when one party fails to fulfill its obligations under a construction agreement. Examples include failure to complete work on time, delivering substandard results, abandoning the project, or refusing to pay. Owners may sue contractors for missed deadlines or quality issues, while contractors may sue for non-payment. These cases often turn on the terms of the contract and whether proper notice or documentation was provided.

Construction Defect Claims

Defective construction can pose serious safety risks. Defects may involve a host of issues, including poor workmanship, design flaws, or the use of substandard materials. Litigation may involve multiple parties, including builders, subcontractors, architects, engineers, and suppliers. These conflicts are complex, often requiring expert testimony to prove liability and determine the cost of remediation at trial.

Mechanic’s Liens

Contractors, subcontractors, and suppliers have the right to file a mechanic’s lien if they are not paid for work performed or materials provided. These liens can cloud a property’s title and delay sales or financing. Property owners may dispute the validity of a lien or argue that payment was already made. Timely action is essential, as Georgia law imposes strict deadlines for filing, serving, and enforcing mechanic’s liens.

Delay and Disruption Claims

Construction delays can have a domino effect, impacting financing, occupancy, and the bottom line. Owners may pursue damages for late completion, while contractors may seek compensation for delays caused by change orders, weather, or owner interference. These cases often involve detailed scheduling analysis and require a clear record of project timelines and delays.

The Litigation Process

Real estate and construction disputes can escalate quickly, especially when large sums of money, delays, or defective work are involved. Understanding the litigation process helps clients know what to expect and how to prepare.

Litigation often begins with pre-lawsuit efforts, such as sending a demand letter or attempting mediation or arbitration, especially if the contract contains an alternative dispute resolution clause. These early steps can sometimes resolve the issue without going to court.

If litigation proceeds, your Atlanta real estate litigation attorney will file a complaint outlining the legal claims and serve it on the opposing party, who then files a response. The discovery phase follows, during which both sides exchange documents, request information, and take depositions. In construction cases, discovery may include property inspections or expert evaluations of alleged defects or delays.

Expert witnesses often play a key role in real estate and construction litigation. Engineers, contractors, or surveyors may be needed to analyze damages, defects, or timelines. Their testimony can be essential in proving liability or defending against exaggerated claims.

If the dispute isn’t resolved through negotiation or mediation, it proceeds to trial, where a judge or jury hears the case and issues a decision. Post-trial motions or appeals may follow.

Throughout this process, experienced legal counsel is crucial. The right attorney will not only present your case but also manage deadlines, protect evidence, and position you for the strongest possible outcome.

How An Atlanta Real Estate Litigation Attorney Helps

When a real estate or construction dispute threatens your investment, you need a legal team with both legal skill and industry insight. Our firm is committed to delivering practical, results-driven solutions for interested parties across a wide range of construction or real estate disputes.

We begin every case with a thorough analysis of your contracts, communications, project records, and local regulations. Our goal is not just to react, but to strategize. We identify key leverage points early, whether it’s a breach of contract, a payment issue, or construction defect liability. By developing a customized plan, we help clients pursue resolution while minimizing disruption.

Our team is trial-ready but settlement-savvy. We advocate aggressively in court when necessary, but we also understand the value of alternative dispute resolution, especially in time-sensitive matters. Whether it’s negotiation, mediation, or arbitration, we tailor our approach to your goals and the realities of your business.

We also coordinate with experts in construction, engineering, valuation, and real estate to build a compelling case. From securing injunctive relief to defending against unjust claims, our firm acts swiftly and decisively.

Above all, we focus on client communication and transparency. You’ll always understand your options, risks, and the next step. With our team by your side, you gain not just legal representation but a strategic partner committed to protecting your investment.

Insurance and Indemnity Issues

Insurance and indemnity provisions often determine who bears the financial burden when a real estate or construction dispute arises. General liability policies, builder’s risk insurance, and professional liability coverage can all play a role in covering legal claims, property damage, or defective work. However, insurers may attempt to deny coverage based on exclusions or technicalities.

Indemnity clauses in contracts can shift liability from one party to another, requiring a subcontractor, architect, or vendor to defend and compensate others for claims arising from their actions. These provisions must be carefully interpreted—and enforced—by experienced counsel. An Atlanta real estate litigation attorney helps clients understand their coverage, navigate insurance disputes, and enforce indemnity rights to limit out-of-pocket exposure.

Reach Out To An Atlanta Real Estate Litigation Attorney To Discuss Your Options Today

There is no question that the stakes can be high in construction or real estate litigation. With these high-value assets on the line, you need legal counsel that can protect you every step of the way. This starts with working toward a resolution with the other side that avoids litigation entirely. When settlements fall through, you need a legal team that is not afraid to take your case to trial and win. While some attorneys shy away from litigation, we prepare every case as if a trial were a certainty. At Poole Huffman, we will work tirelessly to help you get the results you deserve. Before you attempt to resolve your dispute on your own, reach out to an Atlanta real estate litigation attorney from our firm today for a confidential consultation.

Frequently Asked Questions (FAQ)

What should I do if my contractor abandons the job?

If your contractor walks off the project or stops work without explanation, you should document everything right away. Take photos of the property’s current condition. You should also save every communication with the contractor, from void checks to emails.  An Atlanta real estate litigation attorney can help you pursue breach of contract claims in these cases, depending on the circumstances, and this evidence can strengthen your case.

Can I sue if I bought a property with undisclosed defects?

Yes. If the seller knew about major defects like mold or foundation issues and failed to disclose them, you may have a claim for real estate fraud. You may also be able to rescind the contract or recover damages based on your losses.

What is a mechanic’s lien, and how do I fight one?

A mechanic’s lien is a legal claim filed by contractors or suppliers who haven’t been paid for their work or materials. It can cloud your property title and prevent sale or refinancing. If you believe a lien is invalid or exaggerated, an attorney can help you dispute, negotiate, or have it removed through court action.

How long do I have to bring a claim for construction defects?

In Georgia, most construction defect claims must be brought within four years from the date the defect is discovered or reasonably should have been discovered. Some exceptions may apply, such as in cases of fraud or latent defects. Acting quickly ensures you preserve your right to recovery, but it is essential to discuss this deadline with your lawyer.

Can a zoning decision be appealed?

Yes. If your building permit, variance, or land use application was denied by a local zoning board or planning commission, you may have the right to appeal the decision in court. These cases are time-sensitive, so it’s important to consult an Atlanta real estate litigation attorney promptly.