Nicole Lynn Kobrine

Representative Experience

• Represented a foundation that owns a one-of-a-kind museum in construction defect and delay litigation with the large general contractor. The foundation sought over $120 million from the contractor for the remediation of numerous defective conditions involving, among other things, the massive design-build structural glass curtainwall, 16 roofs, site work, and BIM model, as well as liquidated damages for failure to timely complete the project. After four years of high-profile litigation, the matter was set for a five-week trial in federal court. On the eve of trial, the parties reached an amicable settlement.
• Represented a hospital in a $25 million litigation in federal court against a large general contractor relating to the redevelopment of property into a research and innovation campus. Among other damages, the hospital sought liquidated damages relating to the contractor’s failure to timely complete the project. The litigation was resolved in late August of 2022.
• Represented homeowners association of a luxury DC condominium building in a construction defect case against the general contractor, which resulted in a favorable settlement for the association.
• Represented two DC-based investors in a co-working company in a dispute with one of their co-investors; during discovery in the litigation, discovered that the former CEO had been spoliating/destroying significant amounts of evidence highly relevant to the litigation. Together with a computer forensic expert, performed an intensive investigation and, after a seven-day trial, the court found that the former CEO had intentionally spoliated relevant evidence.
• Represented international shopping center owner in litigation in which a tenant asserted 24 counts against the owner, including seeking a declaratory judgment that the owner was in breach of the tenant’s lease for allowing other tenants to use their premises in alleged violation of the lease’s use restrictions as well as seeking a declaration that the tenant was entitled to withhold rent for as long as the breach continued, which totaled more than $40 million. Initially obtained dismissal of six counts and then was awarded summary judgment on all remaining counts except five, the damages for which were reduced to the nominal amount of $5, permitting the owner to obtain a favorable settlement.
• Represented national real estate developer relating to its mixed-use development project in Tysons Corner in litigation by its general contractor, which resulted in a favorable settlement for the developer.
• Represented large real estate developer that owns landmark property in downtown Washington, DC in land use dispute with competing real estate developer owning adjacent property.
• Represented major downtown Washington, DC building owner committed to modernizing and redeveloping its building in litigation against several tenants determined to halt the redevelopment efforts. Advised other DC building owners facing similar tenant challenges prior to litigation being filed.
• Represented national real estate developer in construction arbitration in North Carolina against its general contractor. Obtained $14 million judgment.
• Represented individual in several intra-family disputes involving real estate and trust and estate litigations over a $50 million estate.
• Represented national real estate developer in construction litigation with state agency over the redevelopment of several state buildings. Successfully defended client in more than $11 million in claims and obtained discovery sanctions award of $90,000 against the state.
• Represented waterfront land owners in years-long land use and environmental dispute involving the Critical Area regulations in the Chesapeake Bay region. Obtained successful result before the Maryland Court of Appeals.