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PRACTICE EXPERIENCE | REAL ESTATE & CONSTRUCTION

Zimmett and his associates represented a major foreign bank in a 40-party construction litigation, related bankruptcy and arbitration. They successfully moved to replace the debtor-in-possession with a Chapter 11 bankruptcy trustee. They also sued 32 subcontractors, obtained judgment before trial against 26 of the subcontractors and negotiated a settlement with the remaining parties. Zimmett then published an article on one of the key issues in the case, "Construction Manager: Owner’s Agent or Independent Contractor?"

In another construction case, Zimmett’s firm obtained summary judgment on behalf of the project owner against a defaulting construction contractor. Attempting to thwart collection of the judgment, the contractor filed for bankruptcy. But when the Bankruptcy Court indicated that it was favorably disposed to Zimmett’s motion to appoint a trustee to take control of the contractor’s business, the contractor paid Zimmett’s client the full amount owed with interest.

The Zimmett team filed a civil action under the Racketeer-Influenced and Corrupt Organizations Act (RICO), arising from a number of failed real estate-backed loans. Zimmett and his associates tried the case and won a judgment for treble damages and attorney's fees, and for title to approximately 40 acres in East Hampton, New York. Ownership of the land had been concealed through a Panamanian corporation and an offshore trust in Bermuda.

   
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