Civil Litigation, Airport Land Use, Simon A Housman

Litigation Practice Areas

REAL ESTATE LITIGATION

  • Purchase and sale contract dispute resolution.
  • Partnership disputes involving breach of fiduciary duty.
  • Commercial leases.
  • Property insurance claims and insurance company bad faith.
  • Property tax assessments.
  • Design and construction defect matters representing owners, contractors and sub-contractors.
  • Title insurance claims, boundary and easement encroachments.
  • Asserting and defending claims arising under the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA).
  • Defending alleged CERCLA (Superfund), RCRA, Proposition 65, Clean Water Act and other statutory violations.
  • Pursuing/defending claims of alleged exposure to hazardous materials, including chemicals, mold, bacteria, radioactive materials, asbestos and lead paint.
  • Responding to and resolving administrative agency requirements.
  • Soil and groundwater contamination claims, including air emission issues and insurance actions.

CIVIL LITIGATION

  • Business entity disputes between partners, limited liability members and shareholders.
  • Sales of goods, shipping and warranty claims.
  • Deceptive and unfair trade practices.
  • Business torts including negligence, fraud and interference with contracts.

REAL ESTATE AIRPORT LAND USE PLANNING

  • Land use planning within the airport influence area.
  • Airport land use plan compliance.
  • Consulting of approval of entitlements and litigation.
  • Counselor for general plan, zoning, subdivision map act and development agreements.
  • Applying for conditional use permits, specific plans and variances.
  • Environmental considerations (CEQA, NEPA, ESA and global warming).
  • Dedications and development impact agreements and fees.
  • Williamson act compliance and agricultural conservation easements.
  • Open space easements.
  • Agricultural landowner representation.

BUSINESS TRANSACTIONS

  • Business entity formation, maintenance and compliance.
  • Organization of corporations, LLCs, LLPs and Limited Partnerships.
  • Business contract drafting, review and negotiation.

CONTRACTOR DISPUTES

  • Unfinished construction projects.
  • Delayed construction projects.
  • Payment disputes.
  • Breach of contract for construction work.
  • Construction defects.
  • Other construction disputes.

CONSTRUCTION LITIGATION

  • Government issues.
  • Taxation issues.
  • Project finance issues.
  • Environmental regulations.
  • Bankruptcy issues.
  • Intellectual property rights.
  • Real estate transactions.
  • Labor and employment issues.

COMMERCIAL LANDORD/TENANT

Premises used for nonresidential purposes, including industrial, office and retail space. California landlord-tenant law is complex. The law treats commercial tenancies differently than residential, particularly in the area of evictions. In addition, differences exist in what the lease or rental agreement can and cannot restrict.

MECHANICS’ LIENS

Contractors, subcontractors and suppliers can file what is called a mechanic's lien on property if their services go unpaid. Mechanics’ liens are available to anyone who contributes labor, services, or materials to a real estate improvement project. A mechanics' lien is used to exact payment out of the real estate itself by placing a lien on the property, making it difficult for the owner to sell or refinance the property, and if necessary, allowing the lien holder to go to court to have the property sold at auction.

STOP PAYMENTS (NOTICES)

A stop notice attaches to the owner's undisbursed construction funds, rather than to the property itself, as is the case in a mechanics' lien. A stop notice compels the owner or lender to hold the remaining construction funds so that claimants can recover for work already completed.

Once a mechanics' lien has been recorded, the claimant must file a court action to enforce the lien within 90 days. If no court action is filed by that time, the lien is no longer valid.

Serving the Coachella Valley, Rancho Mirage, Palm Desert, Palm Springs, Bermuda Dunes, Cathedral City, Indio, La Quinta, Thousand Palms, Riverside County, and the surrounding communities.

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