Construction & Real Estate

Disputes over scope of work, change orders, payment terms, and project delays are among the most common legal issues in construction. When a contractor and owner disagree about what was promised and what was delivered, the contract becomes the entire foundation of the dispute, and weak contracts produce bad outcomes.

We draft and review construction contracts, subcontractor agreements, and owner-contractor agreements that clearly define scope, payment terms, change order procedures, and dispute resolution. A well-drafted contract is the single most effective tool for preventing disputes before they start.

• Scope of work and change order disputes
• Payment default and withholding disputes
• Project delay and liquidated damages claims
• Missing change order and dispute resolution procedures

Mechanics liens are one of the most powerful tools available to contractors, subcontractors, and suppliers who have not been paid. They are also time-sensitive and technical, missing a deadline or failing to follow the proper procedure can extinguish a valid claim entirely. Both filing and defending against lien claims require experienced legal counsel.

We file mechanics liens on behalf of contractors, subcontractors, and suppliers who have not been paid, and defend property owners and general contractors against lien claims. Lien rights are time-sensitive and technical, and we make sure every deadline is met and every procedure is followed correctly.

• Missed lien filing deadlines that extinguish valid claims
• Improper notice of commencement procedures
• Lien transfer bond and discharge proceedings
• Lien foreclosure and priority disputes

Construction projects depend on a chain of subcontractors, suppliers, and vendors. When one link in that chain breaks, through nonperformance, defective work, or payment disputes, the consequences ripple through the entire project. Managing these relationships through strong contracts and prompt legal action when needed protects the project timeline and budget.

We represent contractors, developers, and property owners in subcontractor and vendor disputes, assessing the position, identifying leverage, and pursuing the most efficient resolution whether through negotiation, arbitration, or litigation.

• Subcontractor nonperformance and defective work claims
• Material supplier payment and delivery disputes
• Back-charge and set-off disputes between contractor layers
• Missing indemnification provisions in subcontractor agreements

Real estate transactions are high-value events where the details of the purchase and sale agreement determine the outcome of every dispute that follows. Earnest money, inspection contingencies, closing timelines, and representations about the property all become flashpoints when a transaction fails to close as expected.

We review and negotiate purchase and sale agreements, letters of intent, and closing documents for commercial real estate transactions. Whether you are acquiring land for development, selling a completed project, or refinancing an existing asset, we make sure the legal terms protect your position at every step.

• Earnest money and deposit forfeiture disputes
• Inspection contingency and due diligence disputes
• Representation and warranty claims after closing
• Closing timeline failures and termination rights

Commercial leases in real estate and construction are long-term commitments with significant financial exposure on both sides. Disputes over CAM charges, lease termination, build-out obligations, and renewal rights are common, and the outcome almost always turns on the specific language in the lease agreement.

We negotiate commercial leases for construction and real estate businesses, addressing build-out obligations, rent escalations, CAM charges, renewal rights, and termination provisions. The lease you sign today defines your occupancy costs and flexibility for the life of the agreement.

• CAM charge disputes and audit rights
• Build-out obligation and tenant improvement allowance conflicts
• Early termination rights and lease assignment disputes
• Renewal option exercise and rent escalation disagreements

Construction defect claims arise when completed work fails to meet the standards promised in the contract or required by code. These claims can surface years after a project closes and often involve multiple parties, insurance coverage disputes, and expert testimony. Early legal involvement is critical to protecting the contractor's position.

We represent contractors, developers, and property owners in construction defect claims, assessing liability exposure, coordinating with insurance, and pursuing the most efficient resolution. Getting experienced legal counsel involved at the first sign of a defect claim protects the contractor's position and often prevents the dispute from escalating.

• Structural, waterproofing, and mechanical defect claims
• Insurance coverage disputes in defect claims
• Multi-party liability allocation between contractor layers
• Statute of limitations and statute of repose defense

Construction and real estate businesses need legal counsel who understands the contract dynamics, the lien process, and the transaction structures that define the industry. Pomeranz Law provides practical, business-focused legal counsel that understands how construction and real estate projects work and what it takes to protect them.

• We understand the contract, lien, and transaction dynamics unique to construction and real estate
• We draft construction contracts that prevent disputes before they start
• We file and defend mechanics liens correctly, meeting every deadline and procedural requirement
• Transparent, practical counsel without the overhead of a large firm