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Chapter 1 - Bidding the Construction Contract
II. Procurement and Bidding in the Private Sector
III. Request for Qualifications
IV. [1.52] Professional Services Agreement
V. Publicly Bid Projects
VI. Appendix
Chapter 2 - Architectural Contracts
II. Industry Form Contracts
III. Professional Licenses
IV. Pre-Contractual Issues
V. Standard of Care
VIII. [2.25] Fees
IX. [2.29] Risk Shifting
X. [2.42] Budget and Cost Estimates
XI. [2.47] Submittals and Shop Drawings
XIII. [2.55] Dispute Resolution Issues for Architect Agreements
XV. Copyrights
XVI. [2.72] Project Closeout
XVII. [2.77] Termination or Suspension
Chapter 3 - Negotiating Construction Contracts
II. Preliminary Matters
III. The Contract
IV. Information To Be Provided by the Owner
V. Information To Be Provided by the Contractor
VI. Payment
VII. Coordination of the Work
VIII. Subcontracts and Subcontractors
IX. Safety
X. Changes in the Work and Change Orders
XI. Differing Site Conditions
XII. Delay
XIII. Correction of the Work and Warranty
XIV. Indemnification, Insurance, and Bonds
XV. Completion of the Work
XVI. Claims and Disputes
XVII. Default
XVIII. Termination
XIX. Miscellaneous Contract Provisions
Chapter 4 - Negotiating Subtcontracts
I. [4.1] Introduction: Mindset and Goals
V. Description of the Work
VIII. Performance of Work
X. Changes in the Work
XI. Price, Payment Terms, and Procedures
XII. Risk Management, Assumptions of Particular Risks, and Related Terms
XVI. Breach: Dispute Resolution and Remedies
Chapter 5 - Public-Private Partnerships in Construction
III. Public-Private Partnerships
IV. Transaction Structure
V. Compensation Mechanisms
VI. Procurement of a Public-Private Partnership Project
VII. Perceived Benefits and Criticisms
VIII. Anatomy of a Concession Agreement
IX. [5.23] Case Studies
Chapter 6 - Construction Insurance
II. Risks
III. [6.5] Allocation of Risk
IV. Other Insurance Issues
Chapter 7 - The Illinois Statutory Construction Payment Procedure - Contract Concerns
II. Statutory Payment System
III. Sworn Owner’s Statement
IV. Sworn Contractor’s Statement and Contractor Issues
V. Sworn Subcontractor’s Statement and Subcontractor Issues
Chapter 8 - Labor Issues in the Transactional Side of the Project
II. [8.2] Illinois Statutory Requirements
V. [8.23] Prevailing Wage Requirements
X. [8.32] Common Situs Picketing and Reserved Gates
XII. [8.37] Independent Contractor vs. Employee Issues
XIV. [8.45] Employment Discrimination and Affirmative Action Issues
XVI. Miscellaneous Considerations
Chapter 9 - Environmental Issues
II. Scope Out the Project for Environmental Issues and Potential Regulatory Requirements Before Executing a Construction Contract
III. [9.10] Common Environmental Regulatory Program Requirements Related to Construction Projects
IV. [9.22] Other Environmental Issues
VI. [9.27] Construction Contract Provisions To Address Environmental Obligations and Contingencies
VII. Environmental Representations, Warranties, and Indemnifications
Chapter 10 - Dealing with Newer, Smaller Businesses and Government MBE, WBE, and DBE Programs
Chapter 11 - LEED and Green Construction
I. [11.1] What Is Sustainability?
II. [11.15] Risks Associated with Sustainable Design
III. [11.19] Contract Models
IV. Negotiating Agreements Involving Sustainability
Chapter 12 - Industrial and EPC Projects
II. [12.2] Distinctive Aspects of Industrial Projects
III. [12.12] Terms of Art
IV. [12.16] Phases of Project Delivery — The Engineering, Procurement, Construction Process
V. [12.39] EPC Contracts
VI. Common Variations on EPC
VII. Negotiating Contracts
VIII. Common Disputes
Chapter 13 - Drafting Alternative Dispute Resolution Terms in Construction ContractsRoss J. Altman is Senior Counsel at Laurie & Brennan, LLP, in Chicago, where he focuses his practice on construction law, with an emphasis on project delivery methodology, transaction structure, and project administration. He is a member of the American College of Construction Lawyers (Board of Governors 2014 – 2017 and Past Chair of the Documents Committee) and an adjunct professor at the University of Miami School of Law. He has been recognized by Chambers USA as a Senior Statesperson for Construction. Mr. Altman received his BS from the University of Michigan College of Architecture and Urban Planning and his JD from The George Washington University Law School.
Gregory R. Andre is a Partner in the Real Estate Group of K&L Gates, LLP, in Chicago, with more than 30 years of extensive experience in commercial real estate law, including design and construction contracts, land use and development, leasing and sale-leasebacks, acquisitions and sales, real estate and construction, dispute resolution, and other matters involving properties located throughout the United States. He earned his B.S. magna cum laude from Boston College and his J.D. with honors from George Washington University Law School, where he was a member of the Law Review.
Tina M. Bird is a Partner at Thompson Coburn LLP in Chicago, where she concentrates her practice on construction and real estate. She is a member of the Society of Illinois Construction Attorneys and the Construction Lawyers Society of America and has been recognized by Illinois Leading Lawyers and Super Lawyers. Ms. Bird earned her BS with highest honors and her JD with honors from the University of Florida.
Thomas R. Carey is a solo practitioner in Evanston, where he focuses his practice on environmental and regulatory law, including federal and state enforcement action defense. He is a member of the Chicago Bar Association and an author of numerous articles and publications. Mr. Carey received his B.S. from Oakland University, his M.S. from the University of Michigan, and his J.D. from IIT Chicago-Kent College of Law, where he was a member of the National Moot Court Team.
Timothy R. Conway is Of Counsel to Conway & Mrowiec Attorneys LLLP in Chicago, where he focuses his practice on construction law. He is a member the Society of Illinois Construction Attorneys and the American Bar Association’s Forum on Construction Law. Mr. Conway received his BA from DePaul University and his JD summa cum laude from the Northwestern University Pritzker School of Law.
No bio available.
Scott R. Fradin is a Principal and Cochair of the firm’s Construction Group at Much Shelist, P.C., in Chicago. He is also a licensed architect. Fradlin is a member of the American Bar Association’s Forum on Construction Law, a member and Past President of the Society of Illinois Construction Attorneys, and a Past Chair of the Chicago Bar Association’s Construction Law and Mechanics Lien Subcommittee. He has been recognized by Chambers USA and the Leading Lawyers Network as a top Illinois lawyer in the area of construction law and has been named one of the top real estate attorneys in the Midwest by Midwest Real Estate News. Fradin received his B.S. and M.S. from the University of Illinois and his J.D. Order of the Coif with high honors from Chicago-Kent Chicago of Law.
Paul M. Lurie is a Partner at Schiff Hardin LLP in Chicago, where he focuses his practice on construction arbitration and mediation. He is a Master Mediator and member of the Large Complex Case Panel of the American Arbitration Association, a Fellow of the College of Commercial Arbitrators, and a Fellow of the International Academy of Mediators. Mr. Lurie received his J.D. from the University of Michigan Law School.
Margery Newman is Of Counsel to Downey & Lenkov LLC in Chicago, where she concentrates her practice in construction law and business law. She has served on the American Bar Association Forum Committee on the Construction Industry; the Chicago Bar Association Committees on Real Property, Construction Issues, Mechanics Liens, and Real Estate Litigation; and the Illinois State Bar Association Construction Law Committee and Real Estate Law Section Council. She is also a member of the Society of Illinois Construction Attorneys. She has authored numerous articles and lectured extensively on the construction industry and was an adjunct professor of construction law at the University of Illinois Chicago School of Law. Ms. Newman received her BA from Brooklyn College, her M.A. from Roosevelt University, and her JD with high distinction from the University of Illinois Chicago School of Law, where she was on the law review.
Richard W. Pearse is a Shareholder in Vedder Price’s Corporate Group in Chicago, where he concentrates his practice in infrastructure construction and finance. He was recommended by Legal 500 United States Guide in Real Estate and Construction (including Construction Litigation (2012, 2015, 2016), was ranked in Chambers USA in the Illinois construction category (2009 – 2016), and is a member of the American Bar Association and of the Society of Illinois Construction Attorneys. Mr. Pearse received his B.A. from Boston University, his M.A. from the University of Chicago, and his J.D. from Northwestern University Pritzker School of Law.
Paul Peterson was a Vice President and Senior Underwriter for Fidelity National Family of Title Insurance Companies, having joined Chicago Title Insurance Company in 1971. He specialized in mechanics lien underwriting, mechanics lien workouts and claims, and financial analysis. He chaired the group that revised the Illinois mechanics lien coverage for lenders in 2010. Mr. Peterson received the Illinois Land Title President’s Award for his work in the passage of the bonding statute that is now §38.1 of the Illinois Mechanics Lien Act. He currently is a sole practitioner doing some consulting. Mr. Peterson is a Fellow of the American College of Real Estate Lawyers, a former chair of the CLE subcommittee of the Illinois State Bar Association Construction Law Section Council, a member of the ISBA Real Estate Law Section Council, a past president of the Society of Illinois Construction Attorneys, and a former chairman of the Chicago Bar Association Mechanics’ Lien Subcommittee. Mr. Peterson received his undergraduate degree from the University of Illinois and his JD from the Chicago-Kent College of Law.
Kenneth M. Roberts is a Partner at Venable LLP in Chicago, where he concentrates in construction law. He is a member of the Society of Illinois Construction Attorneys, a Fellow of the Construction Lawyers Society of America, and President of the Executive Board of Directors of the Dispute Resolution Board Foundation. Mr. Roberts received his undergraduate degree with honors from the University of Iowa and his JD with distinction from the University of Iowa College of Law and has done postgraduate studies at the Northwestern University Kellogg School of Management and the University of Chicago Graduate School of Business Management Institute.
Werner A. Sabo is Of Counsel to Downey & Lenkov LLC in Chicago, where he concentrates in construction law, copyrights, arbitrations, and mediations. He is a Fellow of the American Institute of Architects and of the Association of Licensed Architects. He is also a Founding Member of the Society of Illinois Construction Attorneys. Mr. Sabo received his BA from Northwestern University and his JD from the Chicago-Kent College of Law.
No bio available.
Kevin R. Sido practicesconstruction law, mediation, and arbitration at the Law Offices of Kevin R. Sido in Chicago. He is a member of the Society of Illinois Construction Attorneys and is a panelist for the American Arbitration Association Panel of Mediators and Arbitrators and the ADR Systems of America, LLC, Panel of Mediators and Arbitrators. He is a faculty member at the Northwestern University McCormick School of Engineering graduate program. Mr. Sido earned his BA from the University of Illinois, where he received the Bronze Tablet Award and was a member of Phi Beta Kappa, his JD from the University of Illinois College of Law, and a certificate from the Straus Institute of Dispute Resolution at Pepperdine University.
Eric L. Singer is a Partner at Taft Stettinius & Hollister LLP in Chicago, where he concentrates his practice in construction law and litigation. He is a member of the American Bar Association’s Forum on the Construction Industry and the Society of Illinois Construction Attorneys. He is also Professional Affiliate Director of the American Institute of Architects Chicago. Mr. Singer received his BA magna cum laude from the University of Illinois, Phi Beta Kappa, and his JD from the University of Chicago Law School.
Stanley P. Sklar is a Principal at Dispute Resolution Services in Northbrook. In 2009, he was named Director of Arbitration Studies at the Center for Dispute Resolution, DePaul University College of Law in Chicago, and is an adjunct professor of commercial arbitration at DePaul University College of Law. Mr. Sklar writes extensively and presents seminars on construction-related topics. He is a Past President of the American College of Construction Attorneys, Past President of the Society of Illinois Construction Attorneys, and Past President of the College of Commercial Arbitrators. He is a recipient of the ABA Forum on Construction Industry Cornerstone Award for Lifetime Achievement in the field of construction law. He was former Chair of the Chicago Bar Association’s Real Estate Committee, Construction Mechanics Lien Committee, and Alternate Dispute Resolution Committee. He is a member of the American Arbitration Association Panel for Large Complex Commercial and Construction Disputes and of its National Construction Dispute Rules Committee and is an International Mediation Institute Certified Mediator. He is a former member of the American Bar Association Forum on the Construction Industry and is a Certified Arbitrator and Certified Mediator for the American Arbitration Association and a member of its National Training Faculty for Commercial Arbitrators. Mr. Sklar received his B.S. from the University of Illinois and his J.D. from Northwestern University Pritzker School of Law.
No bio available.
Lorence H. Slutzky is the Principal at the Law Office of Lorence H. Slutzky, Ltd., in Glenview, where he concentrates in the law of architecture, engineering, procurement, and construction of the built environment. Mr. Slutzky is a fellow of the American College of Construction Lawyers and a founder, officer, and former president of the Society of Illinois Construction Attorneys. He has acted in the capacity of an advisor, negotiator, litigator, mediator, and arbitrator and was for many years an adjunct professor at the University of Illinois Chicago’s School of Law’s postgraduate Center for Real Estate Law teaching construction law. He is admitted to practice in Illinois and recently retired from the Florida Bar, where he was certified as a Construction Specialist. Mr. Slutzky received his B.S. from Southern Illinois University, attended the University of Exeter, England, through William & Mary, and received his J.D. from the University of Illinois Chicago School of Law.
No bio available.
No bio available.
Justin L. Weisberg is a Shareholder at Buchalter, P.C., in Chicago, where he focuses his practice on construction law. He is the Chair of the American Bar Association’s Construction Forum Division 2 (2024 – 2026), a former Chair of the Illinois State Bar Association’s Construction Section (2020 – 2021), and a former Chair of ISBA’s Engineers Contract Documents Committee (2012 – 2013). Mr. Weisberg received his BSE from the University of Illinois Chicago and his JD from the Chicago-Kent College of Law.
Jeffrey H. Winick is a Partner at Harris Winick Harris LLP in Chicago, where he concentrates his practice in construction transactions and litigation. He is a member of the Society of Illinois Construction Attorneys and the Chicago Committee on High Rise Buildings and has been recognized as an Illinois Super Lawyer (2009 – present). Mr. Winick received his B.A. summa cum laude from the University of Iowa and his J.D. from the University of Michigan Law School.
No bio available.
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