For Matthew Fiorovanti, who represents developers and land owners at Giordano, Halleran & Ciesla in Red Bank, the hot real estate market has brought about a resurgence in parties’ use of litigation as a negotiating tool.
Litigants who have spent a lot of money obtaining land use approvals can find it frustrating to face an adversary seeking to change its negotiating stance with a breach of contract claim, said Fiorovanti.