Contractual Agreements

Real estate runs on written instruments. Purchase and sale agreements, commercial leases and ground leases, development and construction contracts, joint venture and operating agreements, options and rights of first refusal, letters of intent, escrow instructions, guaranties, and confidentiality and non-circumvention covenants are the machinery of a project. Together they establish who has control of an asset, who profits from it, and who absorbs the loss when a project falters. Disputes over these documents seldom concern whether an agreement exists. They concern what its terms mean, whether a condition precedent was satisfied, whether performance was excused or waived, and whether a termination was valid. When the answer to one of those questions shapes control of a development site or the value of an institutional portfolio, Brewer, Attorneys & Counselors steps in.

Because land is legally unique, these disputes carry a remedy most commercial contract cases do not: a court can order the deal performed rather than compensated. Brewer pursues specific performance where money is an inadequate substitute for the asset, alongside expectation and consequential damages, restitution and recovery for unjust enrichment, rescission, declaratory judgment construing disputed language, and injunctive relief that preserves the status quo while the merits are resolved. Brewer trial lawyers prosecute and defend these claims in state and federal courts, in specialized business and commercial divisions, and before arbitral panels operating under clauses negotiated years before the dispute arose. Jury verdicts, appellate arguments, and contested emergency applications are routine work at the Firm, not exceptions to it.

Contract disputes are won on the documents and on what the parties did with them. Brewer builds the damage model in house, quantifying lost development fees, diminished asset value, and forfeited profit participation. The Firm is focused on litigation.