Moore & Van Allen Law Firm, Attorneys

Commercial and Industrial Real Estate Litigation

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Moore & Van Allen’s Commercial and Industrial Real Estate Litigation practice includes more than a dozen seasoned lawyers who advise clients in disputes across a full range of real estate matters. With experience typically found in larger urban firms, we handle complex, high-stakes real estate and construction litigation in a more affordable, efficient, and focused manner. We have a long track record of successfully litigating national matters involving multiple parties and uses, complex construction projects, significant government involvement, intricate financing, and a range of novel legal issues.

Litigators and Transactional Attorneys Collaborate to Deliver Value

By drawing upon the insights of our environmental and real estate transactional groups in environmental, land use, zoning and development, construction, real estate financing and leasing, and condemnation law, we’re able to more effectively remove barriers to the purchase, sale, lease or development of property. We work closely with these transactional groups—combining our critical analysis with their deep transactional knowledge—to deliver value to clients.

At the Forefront of Issues that Matter to Clients

Representing everyone from manufacturers and recyclers to real estate owners, developers, landlords, lenders, tenants, contractors, insurers and brokers, our practice members have been at the forefront of developments across the spectrum of real estate litigation, including:

  • Quiet title actions
  • Commission and fee claims
  • Enforcement of sales contracts
  • Condemnation
  • Partition proceedings
  • Commercial landlord/tenant matters 
  • Environmental disputes
  • Land use and zoning matters
  • Title insurance claims
  • Design and construction defects
  • Surety bond claims
  • Takeover agreements
  • Construction delays and overages
  • Mechanics’ liens

Helping Clients Develop Projects

Outside of the litigation context, our team also assists in the successful development of residential, retail and industrial projects. We have helped clients select sites as well as develop, finance, buy and sell subdivisions, shopping centers, mixed-use projects and industrial facilities.

Working with property owners, developers and governmental authorities, our lawyers regularly provide pre-litigation counseling and litigate matters involving municipal planning, zoning, entitlement and related land use and development regulations, and restructures in state and federal courts and before arbitration panels. We also have deep knowledge of the environmental and real estate legal issues that arise in land use litigation.

Preventing and Resolving Construction Disputes

We resolve disputes arising out of major commercial and industrial construction projects through litigation and arbitration. Our team has successfully represented owners, sureties, and contractors in cases involving distribution facilities, corporate headquarters, manufacturing and industrial plants, hotels, and other projects. We also protects our clients’ interests before issues arise by negotiating and drafting construction contracts with an eye to successful project completion including efficient resolution of claims.

Representative Engagements:

From managing challenges to annexation proceedings and obtaining property re-zonings to litigating proceedings related to contested governmental property takings, our team has successfully represented clients on a myriad of commercial real estate issues:

  • Defended a regional brokerage firm and its president against commission-related claims from a former broker, obtaining dismissal and a jury verdict in favor of clients on all issues.
  • Represented tenant in enforcement of rights against a landlord related to replacement of mechanical systems at an industrial facility.
  • Obtained judgment against multiple adjacent property owners quieting title with regard to legal description in deed.
  • Litigated and tried issues of property valuation for owners in condemnation, title insurance and property damage cases.
  • Enforced owners’ right to maintain perimeter fencing under their restrictive covenants by obtaining preliminary and permanent injunctions against their HOA’s attempts to assert fines and foreclose liens against the property.
  • Obtained summary judgment for real estate developer sued in federal court by potential purchaser of commercial property.
  • Pursued claims by industrial property owner against painting contractor for costs of completion on $1 million project. Obtained recovery of all amounts sought following week-long arbitration.
  • Obtained summary judgment for commercial real estate tenant in dispute with landlord regarding $5 million rent abatement claim.
  • Represented major natural gas supplier in dispute with design-build contractor regarding construction of $10 million improvements to storage and distribution facility.


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  • May 2018, ABA Section of Litigation Trial Practice’s Summer

    Charleston Litigation Member Robert Sumner and Associate Chuck Scarminach were recently published in the ABA Section of Litigation Trial Practice’s Summer Publication. The article titled, "When Do You Need an English Translator in Civil Depositions?", discusses how to determine when you should use a translator.

  • Three Charleston Attorneys Published by ACC
    August 2014, Association of Corporate Counsel South Carolina Chapter Summer Newsletter

    Three Charleston attorneys were published in the ACC South Carolina Chapter's Summer 2014 newsletter.

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