Small business sued by big corporation landlord. David &amp; Goliath. Threatened and bullied.
I am a small business owner.  About two years ago, I leased a space from a Big mall corporation landlord, my construction got delayed for 1 year because landlord were short staffed and didn't perform their part of the deal.  Basically, City office wouldn't release construction permit until landlord provide certain information.  They are suing us $300k for back rent.  After six months of mediation, my lawyer wants to give in.  However, I am not done fighting.  What is the next thing I can do?  Talk to the landlord's CEO?  Call local politicians?  As a federal agency, SBA can't get involved in a legal matter.  This is bullshit.  Please help.
[{"id": "enj4j8y", "text": "Did a lawyer review the lease before you signed it?", "replies": [], "depth": 1}, {"id": "enj711b", "text": "Sounds like a force majeur issue to me. Fire your attorney if he/she isn\u2019t doing a good enough job. \n\nIANAL!!!!!!!!!", "replies": [], "depth": 1}, {"id": "enjbtf7", "text": "If you signed away your right to a jury trial, you're SOL.", "replies": [{"id": "enjc70i", "text": "What do you mean?  Do I have a chance or no chance?", "replies": [{"id": "enjf0qv", "text": "Read your lease.", "replies": [], "depth": 3}, {"id": "enjg8od", "text": "SOL = Shit outta luck", "replies": [], "depth": 3}, {"id": "enjycsa", "text": "Impossible to say without reading your lease. Have a new attorney take a look at your case. $300k is a ton of money - at least for me.\n\nIANAL", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "enjzens", "text": "It should spell out in the lease when you can take possession of the property as well as which contractors you are allowed to use ect ect.\n\nDid you have an expeditor, architect, subcontractors ect? \n\nDid you personally guarantee the lease, put down a deposit ect? \n\nHow much term is left on your lease? Are you currently up and running in your business? \n\nDid any significant events such as the major tenant in the mall leave that may void your lease? \n\nBasically, the crux of the argument rests on when the landlord delivered the space to you and you took legal ownership of it. If there was something in the lease that says you cannot take ownership until a certificate of occupancy can be delivered, then you may have a case. \n\nOtherwise, you did not pay rent on space you could not use, and it is not the landlords responsibility that you could not line up your ducks ahead of time. \n\nDealing with cities is a nightmare and getting permits sucks. I have seen restaurants close before they could even open because of the lengthy permitting process. \n\nYou probably wanted to have this conversation before entering in mediation. Now that it is in mediation you are in lawyer land and they have more resources than you do and they are in a stronger position than you are. \n\nIf the mall is mostly empty, they may be more likely to reach some sort of settlement, this is all negotiable, but from here it looks like you have not paid rent in two years and the landlord is starting to get real with you.", "replies": [{"id": "enk0gab", "text": "AThe reason I was not able to start construction was the landlord fails to fix their commons area issues that delayed our permit process.  They know they didn't do their part but refuses to take responsibility.  I had no way to continue with permitting process without the landlord's information.", "replies": [{"id": "enk2z01", "text": "Your rents are NNN with CAM charges? Did you pay rent at all during this process? \n\nIt is a big company you are dealing with, the worst thing you can do it take it personally. There is someone who can help you out, you just need to find them and come to some sort of compromise. \n\nI assume you cannot pay the 300K? They may have some kind of motivation for what they are doing outside of just the money part of it.", "replies": [], "depth": 3}, {"id": "enka7d7", "text": "You need to answer more of the questions to have us help you, I have 6 restaurant locations and I understand the lengthy permitting process especially dealing with bigger real estate companies.", "replies": [], "depth": 3}, {"id": "eo5jgc6", "text": "Most leases spell out exactly what happens in the case of an unforseen construction delay. You are going to have trouble getting different terms than what was agreed to in your lease. If the lease is vague on the subject then that can be more problematic, and can lead to lawsuits, etc.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "enn8u2r", "text": "You probably need to repost this in r/legaladvice", "replies": [], "depth": 1}]