Matthew Green and Samantha Koopman Secure $8M Arbitration Win in Real Estate Dispute

Matthew Green and Samantha Koopman won an arbitration award of over $8 million for their client, Resicap Texas Owner II, LLC, in a breach of contract case involving a major real estate development. The case was featured in ALM’s VerdictSearch.

In 2022, Obermayer’s client, Resicap, agreed to fund the construction of 137 single-family homes. They made upfront payments totaling around $8 million to several developers to help with the project. These developers included various LLCs as well as individuals. Resicap claimed the money was supposed to go toward construction, but the developers allegedly used it to buy land instead—and they had claimed they already owned the land. Resicap sued for breach of contract, fraud, and other claims. The developers responded by requesting arbitration, which the court approved.

In the arbitration, Resicap again claimed breach of contract and other wrongdoings. The developers denied all claims and said using the money to buy land was part of the construction process. They countersued for fraud and other claims, also seeking $7.5 million in lost profits.

A three-member arbitration panel ruled 2–1 in favor of Resicap. Obermayer’s client was awarded $8.04 million in damages.

The judgment was fully paid by the developers.

Matthew is the Deputy Chair of Obermayer’s Litigation Department. His practice focuses on commercial litigation and employment law. He has served as lead counsel in a wide range of cases involving contract disputes, real estate litigation, non-compete agreements, and employment matters, and has significant experience defending clients in complex litigation. Learn more about Matthew’s legal experience here.

Samantha concentrates her practice on complex commercial litigation. She represents developers, business owners, landlords, and tenants in a broad range of real estate and breach of contract disputes. Her experience includes defending real estate agents in liability claims related to property sales—such as alleged defects and breach of duty—as well as handling indemnity claims, insurance coverage issues, mechanic’s liens, prompt payment disputes, and construction defect matters. Learn more about Samantha here.