Real Estate & Construction

Payne & Fears LLP attorneys have significant experience in guiding clients through various real estate transactions, including property acquisitions and sales, development, construction, leasing, operations, and insurance coverage.  Our clients include real estate investors, commercial and residential developers, title companies, financial institutions, design professionals, contractors, and property owners.

Payne & Fears LLP attorneys also represent clients in real property and construction disputes in both state and federal courts and in arbitration.

When our clients' real estate and construction interests intersect with other areas of law, we leverage our expertise in other practice areas to help them achieve their objectives.

Payne & Fears LLP has unparalleled experience representing companies in all types and sizes of construction matters.  We take a proactive approach to our clients' legal needs, advising them on practices to help them minimize exposure to risk and strengthen their positions should they need to pursue or defend a claim.

Our Real Estate & Construction Team routinely counsels clients on the following legal issues:

  • Employment discrimination, harassment and wage and hour claims
  • Experience before the Equal Employment Opportunity Commission (EEOC) and California Department of Fair Employment and Housing (DFEH) 
  • Class and collective action litigation
  • Employment law counseling
  • Purchase and sale
  • Leasing
  • Financing and entity formation
  • Construction and development
  • Mechanic’s lien and course of construction disputes
  • Insurance
  • Indemnity and property loss disputes
  • Construction defect litigation
  • Premises liability
  • Warranty disputes
  • Commercial Lease and Unlawful Detainer Disputes

Representative Real Estate & Construction Clients:

  • Centex Homes
  • Del Webb Corporation
  • K. Hovnanian
  • Lennar
  • Lincoln Property Company
  • MIG Capital
  • Pulte Homes
  • Sares-Regis
  • The Olson Company
  • Tri-Pacific Capital Advisors
  • Wasatch Property Group
  • Western National Builders
  • Western National Properties
  • William Lyon Homes

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Successes

2017

"Regular Rate" Class Action Settlement

After being threatened with a class action, we assisted an Orange County company in performing a confidential internal audit of its overtime regular rate calculations.  We determined that the company had not properly considered bonuses in the regular rate for overtime pay.  This resulted in substantial liability for unpaid wages and penalties.  After receiving a pre-litigation demand, we negotiated a tolling agreement and agreed to mediation.  The amount due to employees was relatively simple to...

Amy R. Patton
2011

Persistence Pays Off for Home Builder

A home builder client of the firm was recently sued for alleged non-disclosure and fraud in the California Superior Court based on allegations that the home builder misrepresented the sales prices of other homes sold in the new home community and conspired with the lender and appraiser to inflate the appraised value of the home purchased by the plaintiffs.  The home builder denied all allegations of wrongdoing, believing that the accusations against it were unwarranted.  Payne & Fears LLP vigorously defended the action by...

Thomas L. Vincent
2008

Payne & Fears LLP Wins Bench Trial Involving Fraudulent Transfer of Real Property

After Payne & Fears LLP litigation attorneys obtained a substantial judgment for a client and during a subsequent appeal, the opposing parties attempted to fraudulently convey the real property which was the subject of the litigation in order to avoid paying the judgment.  Payne & Fears filed a creditor's claim to secure the judgment and to set aside the fraudulent conveyance.  Following a bench trial, the judge found for Payne & Fears’ clients on all counts, and ordered the attempted transfer set aside and the...

Daniel M. Livingston
2008

Payne & Fears LLP Homebuilder Client Wins Appeal (Greystone Homes, Inc. v. Midtec, Inc., 168 Cal.App.4th 1194 (2008))

Payne & Fears LLP attorneys represented Greystone Homes in an appeal of a judgment against a product manufacturer.  In a case of first impression, the court ruled in Greystone Homes, Inc. v. Midtec, Inc., et al. that a homebuilder may pursue claims for equitable indemnity against individual product manufacturers for purely economic losses where the losses would be recoverable by a homeowner under the Right to Repair Act.  Greystone was represented on the appeal by Thomas L. Vincent and ...

Thomas L. Vincent
2008

Payne & Fears LLP Wins Appeal for Orange County Property Owners

Payne & Fears LLP attorneys successfully defended against a challenge to a jury verdict in favor of its clients, two Laguna Beach property owners.  Following a three-week trial, an Orange County jury found that the property owners did not withhold material information from the plaintiffs in connection with the sale of a multimillion dollar property.  The jury also found that the plaintiffs were fully aware of the condition of the property and gave the sellers a full and complete release...

Daniel M. Livingston