Real Estate and Construction

Just as any structure built to last must be based upon a solid foundation, so it goes for real estate and construction transactions generally.  The purchase, ownership, improvement and sale of property always involves some inherent risk.  When making an investment in real estate, having competent legal counsel for the drafting and negotiation of the contract documents, assisting in the due diligence process, and navigating to closing allows buyers to make better-informed decisions and avoid unnecessary risk.  The attorneys at Axilon have extensive experience in construction transactions, including the drafting and negotiation of construction contracts, filing liens, obtaining payment through surety bonds, and advising both contractors and property owners on risk management and matters pertaining to zoning and land use law.

On those occasions when disputes cannot be resolved outside of litigation, Axilon provides advice and representation to contractors, architects, engineers and other real estate professionals, as well as aggrieved buyers and sellers.  Our attorneys have handled numerous matters of construction litigation and arbitration, ranging from residential disputes up to complex, multi-party commercial matters.  Our attorneys also have extensive experience, knowledge and understanding of construction industry practices and terminology, allowing them to quickly grasp complex principles which may be unique to a particular case, saving our clients valuable time and expense.

Axilon attorneys have:

  • Represented contractors, architects and engineers in construction contract disputes, lien filings and foreclosures, surety bond claims, and construction warranty and defect claims involving structural and design issues, workmanship, materials, and  project management and supervision.
  • Provided representation and counsel to landowners and developers on matters of title, restrictive covenants, access, zoning and land use, mineral and water rights, environmental regulation, and claims of trespass and nuisance.
  • Defended a Montana-based design professional against a multi-million dollar claim of professional negligence in a multi-party, multi-forum complex commercial construction dispute.
  • Represented contractors and industry professionals in AIA contract disputes and arbitration proceedings under the AAA and JAMS.
  • Defended a national manufacturer of manufactured homes against construction defect claims.
  • Defended real estate agents and vendors against claims of professional negligence, misrepresentation and breach of contract.
  • Drafted and negotiated construction contracts, purchase and sale agreements, loan documents, deeds, easements, leases, and construction liens.
  • Represented purchasers of real estate in conducting due diligence investigations prior to closing.
  • Advised new and out of state contractors on the requirements of doing business in Montana.
  • Represented business and property owners in landlord tenant disputes, premises liability matters, and property tax appeals and litigation.
  • Provided advice and counsel to property and condominium owners associations.