Practice
Real-Estate & Construction Litigation
We have the expertise and attitude to help business owners navigate choppy waters
Whether in business or in a family setting, real estate is often the most critical asset, and disputes can occur in a variety of circumstances. We advise property owners and contractors in commercial and residential construction disputes of all sizes; represent landlords and tenants in commercial lease disputes, or conflicts arising out of purchase and sale agreements (commercial or residential); and guide real estate partnerships when disagreements arise out of the ownership or management of property among the partners. All of these disputes can have a significant impact on a business or a family.
Expertise
Representative Experience
01.
Represented an auto dealership in a lease dispute where the landlord attempted to bar the right to exercise an option to extend and tried to terminate the lease on the basis of an alleged environmental contamination. Positioned the defense to protect the extension right and avoid termination, which facilitated a favorable negotiated resolution.
02.
Represented a client in a claim by his ex-wife that he fraudulently orchestrated the sale of marital property to a friend. Successfully defeated all claims after a three-day bench trial in Superior Court.
03.
Successfully defended a daycare center in a dispute with its landlord when the landlord tried to terminate the lease and void the tenant’s option to purchase. Defeated summary judgment motion, which paved the way for tenant to purchase the property at well below market value.
04.
Represented a condominium owner in a claim brought by the condominium association alleging that the occupancy of the unit by an unrelated person – a “Little Sister” from the Big Brothers Big Sisters of America program – was in violation of the condominium documents. Obtained summary judgment because the occupancy arrangement was a license not a lease.
05.
Represented a large commercial property owner in a suit brought by a subcontractor seeking to enforce a mechanics’ lien for invoices unpaid by the nearly bankrupt general contractor. Successfully obtained a voluntary dismissal of the claim without the need for court intervention by relying on an often overlooked defense available to property owners under the lien law.
06.
Represented a general contractor in claim against a local municipality for extra costs incurred in a multimillion-dollar public construction project where the municipality asserted counterclaims for allegedly defective work. Positioned the case strategically to negotiate a substantial payment to the contractor and a complete release from the municipality’s counterclaims.
What Our Clients
Have to Say
OCM represented my organization during a regulatory inquiry with professionalism and expertise. They guided us through a complex discovery process and achieved the desired legal result while keeping our business considerations in mind throughout. The best praise I can give OCM is that we have continued to hire the firm for additional projects. OCM is more than our outside counsel, they are our trusted friends and advisors.
I was fortunate enough to land on the doorstep of OCM at a time when I’d been wronged financially and that damage had bled through all aspects of my life. I spoke with Sean and he told me that while my issue was a little out of their normal practice he felt they could help and bring me closure. The process was long and all through it the lawyers kept me informed and well advised. In the end Sean brought me the closure I needed and assured that the wrongs were righted. I was so fortunate to have them by my side.
I hired Sean Carnathan to provide counsel in an out-of-state LLC ownership dispute and my experience with him was exceptional. His knowledge of corporate law, ability to effectively negotiate, and his realistic advice on the probable outcome of the dispute was invaluable throughout the process. Although litigation is never a pleasant experience, Sean Carnathan’s competence and professionalism led to a favorable result for me. I highly recommend him to anyone who requires representation in litigation involving complex corporate law, both in MA and elsewhere.
David Mack was instrumental in guiding me through what was my first experience with the litigation process. I had an adversarial opponent who became vindictive, yet Dave was always balanced, prepared, and continuously sought a practical, efficacious outcome to the trial. I met and worked with a few of the other lawyers in his office as well and found a similar sense of concern and care from each of them about my situation. It really felt that they were looking out for me personally as much as professionally. I hope not to need litigation again, but if I do, OCM is the only place I’ll be calling.
We have enjoyed working with David Mack for many reasons; even during a stressful situation with a former tenant and difficult lessee, David made us feel confident and that we had viable options for a positive outcome. David and his team made a difficult situation better - by listening to our needs for a desired outcome. And delivering on them. We are thankful for David and his team and would wholeheartedly recommend them!
The team at OCM was amazing through this entire process! Although this entire situation has been beyond hurtful and upsetting, you made it the easiest and least stressful way possible for my family and I! We can't thank you enough for your hard work, professionalism and believing in us.…I'm very happy I listened to my family on fighting this and didn't just walk away like I wanted to. Thank you so much!!
Sean has represented and/or advised me on a wide range of legal matters for over 20 years. Our most significant interactions have focused mostly on employment law, along with a couple commercial and property disputes – but he's also the guy I call anytime someone puts a legal document in front of me. He's smart, articulate and takes a common-sense approach to these matters – which often results in a quick resolution to what could otherwise have been a long (and expensive) process.
Sean has represented and/or advised me on a wide range of legal matters for over 20 years. Our most significant interactions have focused mostly on employment law, along with a couple commercial and property disputes – but he's also the guy I call anytime someone puts a legal document in front of me. He's smart, articulate and takes a common-sense approach to these matters – which often results in a quick resolution to what could otherwise have been a long (and expensive) process.
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From complex commercial litigation to real-estate and construction, insurance, and fiduciary litigation.