Litigation
Construction
- The firm is representing the general contractor of a Massachusetts water purification plant which sustained heavy damage when a 36 in. diameter water main ruptured. The general contractor is engaged in litigation with the owner, five subcontractors, two insurers and the insurance broker.
- The firm represented a general contractor that rebuilt the interchange of two interstate highways in Indiana pursuant to a design-build contract. The design engineer's error resulted in a $5 million underbid. The professional liability insurer denied coverage on the grounds that the design engineer was not properly covered under the policy. The firm obtained a multi-million dollar recovery from the design engineer, the retail and wholesale insurance brokers and the professional liability insurer.
- The firm represents a publicly traded construction company in connection with the remediation of PCB-contaminated soil in Illinois. Because of changed-site conditions, an additional $11 million in work was necessary to complete the $26 million project. The litigation is pending in the Illinois Court of Claims.
- The firm defended the general contractor in a case involving allegations of defective construction of a large warehouse. The owner, a major international corporation, sued the general contractor, three subcontractors and the architect. After taking or defending 65 depositions including 17 expert witnesses, the firm obtained dismissal of significant portions of the case on summary judgment. The remaining claims were settled for substantially less than the owner had spent on attorney's fees and expert consultants. The firm secured reimbursement of all of the client's defense costs from certain insurance companies which also eventually reimbursed the firm's client for all settlement costs.
- The firm represented the general contractor in an insurance claim involving certain undersea pipelines. The U.S. Army Corps of Engineers ordered significant re-work after the pipelines began to crack due to movement of the sand in which they were laid. The firm recovered indemnification under the client's professional liability and contractor's re-work insurance coverage.
- The firm represented a general contractor of a 50-story reinforced concrete apartment building that experienced significant spalling of the exterior facade. The firm was engaged to pursue insurance remedies and was able to secure virtually total reimbursement of the client's attorneys' fees, expert witness fees and other defense costs in the lawsuit filed by the building owner. The firm also recovered an additional $225,000 from one insurance company for violating the Illinois statute on insurer bad faith. When the underlying case settled, the firm recovered virtually all settlement monies from these insurers.
- The firm represented the general contractor of a new village hall, civic center and amphitheater constructed for a suburban municipality. The buildings, which are constructed of masonry, were deteriorating. The firm prevailed on a motion for summary judgment and sustained the ruling in the Illinois Appellate Court and in the Illinois Supreme Court.
- The firm represented a general contractor that had completed 80 percent of a new Alzheimer care facility when the mortgagee declared a default and the insolvent owner halted the work. The firm negotiated a contract with the mortgagee to complete necessary work so the building could survive winter conditions and attract a buyer. By completing the work, the firm also improved the client's position under the "enhancement" provisions of the Illinois Mechanics Lien Act. After an offer was made for the property by an interested purchaser, the firm negotiated a settlement with the mortgagee and all subcontractors. The client recovered all construction costs, including overhead costs.
- The firm represented a joint venture in a claim for recovery of the contract price, plus the value of certain extra work, relating to a bridge over the Chicago River. Much of the work was done pursuant to oral change orders. The matter was settled before trial after the municipality agreed to pay the entire amount claimed by the joint venture, including the amounts for extra work, as a result of successful legal arguments made in court hearings on dispositive motions.
- The firm represented a contractor in a $36,000,000 project constructed for the United States Army Corps of Engineers. A large claim was driven by incomplete plans, wrongful interpretation of the clean-down specifications, faulty owner-furnished design criteria for an equipment support system and a claim for acceleration. There was also a multi-million dollar dispute with one of the subcontractors in the project. The claims were settled prior to a hearing before the United States Board of Contract Appeals after the firm persuaded the Army Corps of Engineers to accept its interpretation of those documents.
- The firm recently submitted a pro bono amicus curiae brief to the Supreme Court of Illinois on behalf of two associations of general contractors in a case of interest to the construction industry. The firm’s efforts helped convince the Court to issue a ruling that was favorable to the industry.
- The firm recently submitted a pro bono amicus curiae brief to the Supreme Court of Illinois on behalf of two associations of general contractors in a case of interest to the construction industry. The firm’s efforts helped convince the Court to issue a ruling that was favorable to the industry.
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