Fort Lauderdale West Partners Sanaz Alempour, Courtney Kaiser, and Gregory Willis achieved an outstanding outcome in a complex, two-week commercial litigation case tried in West Palm Beach. Representing a Community Redevelopment Agency (CRA), our team defended against claims related to the redevelopment of a 7.4-acre property slated for a mixed-use project.
The dispute began when the CRA awarded a public project for redevelopment to a real estate developer. A detailed purchase and sale agreement was established, outlining the project’s parameters, required components, and agreed timeline. However, issues arose when the developer, after securing an extension for critical deadlines, made significant design changes without obtaining approval from the CRA commissioners. This led to a notice of default, which the developer cured by submitting a site plan aligned with the original contract just before COVID-19-related executive orders were issued.
A year later, the developer filed suit, citing frustrations caused by COVID-19 and initially sought emergency injunctive relief to prevent contract termination. This was denied by the court and later upheld on appeal. After the CRA terminated the contract, the developer pursued over $20 million in damages for alleged lost profits and more than $1 million tied to workforce housing units.
Our team successfully challenged various claims throughout the litigation, including disposing of a Lis Pendens improperly recorded on the CRA’s property. By trial, remaining claims focused on breach of contract and the covenant of good faith and fair dealing, both by the developer and CRA.
Over nine days of trial proceedings, the developer sought approximately $1.5 million in damages for costs incurred in architectural, engineering, and consultant fees prior to the termination. Meanwhile, the CRA counterclaimed for contractual penalties tied to the developer’s failure to deliver and record a restrictive covenant for workforce housing units.
After two days of jury deliberations, the verdict favored the CRA. The jury awarded the developer nominal damages of $1.00, while also finding in favor of the CRA’s counterclaims. This marked the culmination of a four-year litigation process, enabling the CRA to move forward confidently with the redevelopment of its property for the benefit of its residents.
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