Ford, Flower & Hasbrouck
Practice Areas

Ford, Flower & Hasbrouck
Central Square, Suite 42A
New Road & Central Avenue
Linwood, NJ 08221
Phone: (609) 653-1500
Fax: (609) 653-8887
Email: rking@ffhlaw.com

This law firm takes pride in its ability to handle a wide variety of matters, but we strive to focus our practice upon complex commercial litigation.

The disputes which generate complex commercial litigation have their genesis in many different relationships: business (partners, shareholders, etc.), construction (defective design, breach of contract), employment (discrimination, non-compete covenants), estates (will contests, breaches of fiduciary duty) and real estate (specific performance of contract, title disputes, condemnation). Although these are different areas of the law, they all have one thing in common-they require a detailed analysis of the facts and law by professionals with the intellectual and problem-solving ability to economically reach the objectives established by sophisticated and well informed clients.

We are also able to use our litigation experience to help our clients avoid litigation. One way to achieve this is through skilled drafting and negotiating of contracts. For this reason, we also actively engage in certain non-litigation areas of practice: zoning (applications/ solicitorships), real estate (drafting and administering contracts, establishing condominiums), employment agreements (negotiating and drafting for employers/ employees), and estate planning (wills, trusts, guardianships).

I. LITIGATION

a. Business

It is not uncommon for partners and shareholders to disagree on the direction of a business entity or the benefits of ownership to which the participants may be entitled. This firm has represented business owners in disputes regarding multi-million dollar businesses as well as relatively small enterprises. Often we have successfully negotiated solutions without, or with limited, court intervention. Where that has failed, we have participated in multi-week trials establishing the relative rights of various principals. We have also developed relationships with accounting professionals that maximize our ability to properly preserve and enforce the rights of our clients in such disputes.

b. Construction

A large part of our practice is dedicated to litigation issues relating to construction. We enjoy the complexity of the engineering, insurance and liability issues that impact nearly every construction case. Our firm represents parties ranging from the homeowner with a defective foundation, to the multimillion dollar developer who is accused of having deficiently constructed a major commercial building. We have represented Boards of Education pursuing claims for defective construction of school facilities, and we have represented hotel owners in complex architectural and engineering malpractice matters.

We have developed strong relationships with the engineers and other professions who are critical in successfully pursuing or defending a construction case, and we utilize their specialize knowledge to either find a solution that satisfies all parties, or present our position to the Court in an understandable and effective matter.

c. Employment

We have participated in litigation both on behalf of the employer and employee for claims under the Law Against Discrimination, the Family Leave Act and other remedial legislation. However, our firm is very selective when taking an employment matter, and we will accept a very small percentage of cases on behalf of employees.

Many times an employment dispute will relate to something other than unfair or illegal termination. These claims include enforcement of covenants not to compete, which we encounter frequently given our proximity to and interaction with the casino industry.

d. Estates

It is not uncommon for family members and friends to disagree about the true intentions of a decedent. When this occurs, it is often necessary to conduct a detailed investigation of the facts to resolve the concerns raised by one of the parties. It is in this context that our clients benefit from our superior ability to obtain, organize and digest the critical facts.

We have represented parties objecting to a proposed disposition under a will and trust, and we have represented fiduciaries who are defending a proposed disposition of property. Sometimes we are able to bring the parties together to see the wisdom, both financially and emotionally, of resolving their differences. On other occasions, the parties' differences are economically and personally irreconcilable, and we place our clients in the position to effectively present their case to the Judge in order to achieve the desired result.

e. Real Estate

Real estate disputes arise in many ways. We have filed actions to compel a seller to sell, to relieve a buyer from having to buy, to obtain a deposit wrongfully held by a party to a contract, to obtain a fee denied a real estate broker, to obtain damages for refusing to sell property to a buyer, to quiet title among various persons claiming title to a piece of property, and to determine parties' obligations under deed restrictions. The disputes are sometimes about $10,000 or $7,000,000, and sometimes it is not about money at all (e.g. to stop a nuisance). We have represented a national title insurance company in multimillion dollar land fraud litigation, and we represent banks and lien holder in complex foreclosures. On the other hand, we have filed actions to compel the sale of residential homes, and we have acted as counsel in resolving boundary disputes among several homeowners.

Another type of real estate litigation involves the taking of private property by a government entity. This is called Condemnation or the exercise of Eminent Domain. We have successfully represented the interests of landowners whose property is condemned by Casino Reinvestment Development Authority ("CRDA") (among others), and were trial counsel in CRDA v. Shelvard, a case that resulted in an $8 million jury verdict in favor of the landowner. This case has become the benchmark against which future Atlantic City condemnations will be measured, and our success in that case provided us the opportunity to successfully represent many other landowners throughout New Jersey. Our significant experience in this area of law has given us access to the best appraisers in the state and has made us uniquely qualified to handle future condemnations.

II. NON-LITIGATION MATTERS

a. Zoning

This firm represents Linwood Planning Board, and also represents applicants before zoning and planning boards in other jurisdictions. We have represented homeowners and business owners seeking minor variances for their property, and we have represented developers in major site plan and subdivision applications. Our past projects include residential (i.e., 166 units in West Cape May's Cold Spring Development; and 336 units in Hamilton Township's Powder Mill Spring Development); lagoon and marina waterfront commercial and residential developments (i.e., Seaview Harbor Marina and Ralph's Marina in Egg Harbor Township; Harbor Cove Condominium and Marina's 225 residential townhouse units and 350 boat slips in Somers Point; and Blue Water Marina in Ocean City); large commercial shopping center projects such as the English Creek Shopping Center and its associated office buildings and satellite commercial uses (i.e., Home Depot, Mobile and Sunoco Service Stations, Damon's, etc.); mobile home developments (i.e., Oak Forest Mobile Home Park); and thousands of single family units throughout Atlantic and Cape May Counties (i.e. The Clusters, The Shires, and The Squires in Egg Harbor Township; Sagemore in Somers Point; and over 300 units for Stoeco Development in Ocean City).

b. Real Estate

We have represented small homeowners in the purchase of their "starter house," and we have prepared the documentation for the exchange of multimillion dollar commercial properties. We give each the same attention to detail. Since we spend a large portion of our time litigating real estate issues, we are acutely aware of the pitfalls of poor planning and drafting, and we strive to avoid those pitfalls in drafting and administering contracts of purchase and sale.

Due to our relationship with many real estate developers, we have had the privilege of establishing a number of condominiums of various sizes. Our attorneys are experienced with the process before the Department of Community Affairs, and will work to economically achieve the necessary approvals.

c. Employment Agreements

The Atlantic City Casinos have proven a fertile ground for the negotiation and renegotiation of executive employment agreements, and this firm has represented the entire spectrum of executives in reaching terms, including salary, benefits and performance dependant compensation, that are mutually acceptable to the respective parties.

We have also acted on behalf of employers drafting internal policies and procedures and formulating enforceable covenants not to compete, and other post employment restrictions to protect the legitimate interests of the employer.

d. Estate Planning

The laws relating to the transfer of wealth before and upon death are complex and ever-changing. We counsel clients on various ways to assure the smooth transition of wealth through the generations, while seeking to maximize the amount that is actually received by the client's beneficiaries.

On the other hand, we recognize that not every estate needs complex estate planning strategies, and we make an effort to keep the plan as simple as possible while still achieving the above stated objective. For this reason, many of our clients need just a simple Will, and we provide this service at a reasonable price and use that experience as an opportunity to get to know new clients who may need our services in another context on another day.


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