Commercial Property and Investment Disputes

Commercial property and investment disputes arise when the ownership structure behind a real estate asset fractures. A managing member diverts capital. A co-venturer is squeezed out before the promote vests. A capital call is engineered to dilute a partner into irrelevance. A sponsor's carrying value bears no relation to what an appraiser would certify. These are not disagreements about square footage. They are contests over equity positions, distribution waterfalls, governance rights, and the capital that funded them. Because the underlying assets are illiquid and the operative agreements were heavily negotiated, exposure is routinely measured in tens or hundreds of millions of dollars. Brewer steps in when the value at risk is consequential and negotiation has run its course.

The defining problem in these matters is that the party accused of the conduct usually has control of the entity, the books, and the asset. Relief therefore begins with getting access and stopping movement: equitable accountings, receiverships, and injunctions that halt a sale or a transfer before value disappears. Brewer prosecutes and defends claims for breach of fiduciary duty, civil conspiracy, fraudulent inducement, wrongful exclusion from a venture, unjust enrichment, and impairment of collateral, and pursues compensatory and punitive damages, disgorgement, specific performance, and constructive trusts. These matters are tried wherever they belong - state district courts, federal courts, specialized business courts such as the Texas Business Court, and private arbitral forums where the operative agreement compels them.

Valuation is usually the single most contested issue in these cases. Brewer builds and defends its models in house rather than renting that question to an outside expert. The Firm is focused on litigation.