A Member of the firm, Timothy P. McKeown concentrates his practice on a variety of civil and commercial litigation with an emphasis on real estate related matters.
Tim’s practice centers on real estate contract disputes, contractor disputes, construction lien and title issues, foreclosure, partition actions, consumer fraud claims, access issues under New Jersey environmental statutes, and commercial equipment leasing on behalf of his clients. Tim has tried scores of bench trials over the years, as well as jury trials. Tim also represents his clients in arbitration and mediation proceedings.
Tim also has extensive experience handling leasing and related disputes on behalf of commercial landlords and tenants. Tim has successfully prosecuted and defended many cases throughout his career on behalf of commercial landlords, tenants, and others. Some of the issues Tim has handled in his commercial real estate practice include non-payment of rent, breach of covenants, abandonment of leased premises, eminent domain, mold contamination, site contamination, lease condemnation, and illegal use of premises by tenants. Tim also has related litigation experience representing his clients in the U.S. Bankruptcy Court for the District of New Jersey against tenants and debtors who seek protection in that forum.
In 2010, Tim launched New Jersey Commercial Real Estate Disputes, a blog that provides businesses and individuals with timely information about the law as it pertains to the commercial real estate industry.
In addition to his litigation practice, Tim has extensive experience drafting commercial leases and contracts of sale, as well as representing sellers and purchasers in commercial and residential real estate transactions.
Tim currently serves as President of the ARC of Somerset County, an organization that serves individuals with developmental disabilities and their families from birth through the senior years of life through its many programs and services in Somerset County.
- Constructive Eviction
- Why Waive Subrogation?
- Time to Change The Locks
- Lease Assignments Are Not Guaranteed
- What Exactly is Privity?
- “New Jersey Real Estate Disputes Blog,” May 2010 to present
- Interviewed, “Best Practices for Construction and Real Estate Firms,” Commerce Magazine, January 2015
- “What Good Is a Good Guy Guarantee?,” Core Compass, February 13, 2014
- Quoted, “How to Acquire Retail Space,” Chronicle, Small Business Section, April 29, 2012
- Quoted, “Resolving Landlord Disputes,” Medical Office Today, August 2011
- “Legal Issues Impacting the Commercial Real Estate & Construction Industries in the Garden State,” Commerce Magazine, January 2008
- Ryan v. State Health Benefits Commission, 260 N.J. Super 359 (App. Div. 1992)
- Duffy v. O’Connell, 279 N.J. Super 672 (App. Div. 1995)
- Kowalski v. L&F Products, 82 F.3d 1283 (3rd Cir. 1996)
- 2nd Annual Legal Eagle Night, Metropolitan Real Estate Investors Association, February 18, 2008
Some recent matters Tim has handled include:
- Successfully defended Tenant manufacturer, supplier, and marketer of herbal extracts and specialty fine chemicals in claims by Landlord for breach of contract and diminution of value of leased premises.
- Successfully defended Tenant Corian manufacturer in breach of contract claims brought by Landlord as to condition of premises upon surrender.
- Successfully defended major refiner, transporter, and marketer of transportation fuels in New Jersey Spill Act claim in which client subleased equipment and premises to alleged polluter.
- Represented restaurant owner in business dispute negotiating a buyout of client partner, negotiated commercial lease of restaurant premises.
- Successfully represented national hotel chain as landlord in summary dispossess and breach of contract actions against Tenant nightclub.
- Successfully defended commercial tenant and guarantors by reducing landlord’s claim at trial from approximately $300,000 to $11,500.