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List of Forms by Chapter - Chapter 1 — Responsibilities and Liabilities of Architects and Engineers for Construction Failures
- I. [1.1] Scope of Chapter
-
II. [1.2] The Role of the Architect/Engineer in the Construction Process - Design Phase
- [1.3] Description
- [1.4] Designing to the Budget
- [1.5] Computer-Aided Design
- [1.6] Building Information Modeling
- Contractual Allocation of Building Information Modeling and Digital Data Risks
- [1.7] Contract Provisions and Electronic File Transfer Agreements
- [1.8] AIA Digital Practice Documents
- [1.9] Specifying a Nonfunctioning Product
- [1.10] Delay in the Design Process
- [1.11] Designing in Accordance with Codes
- [1.12] Designing in Accordance with Accessibility Requirements
- [1.13] Americans with Disabilities Act
- [1.14] Fair Housing Act
- [1.15] Other Accessibility Requirements
- [1.16] Environmentally Sustainable Design
- Construction Phase
- [1.17] Description
- [1.18] Common Contractual Provisions To Protect A/Es from Anticipated Liability
- Other Areas of Liability During the Construction Phase
- [1.19] Site Observation vs. Supervision
- [1.20] Former Structural Work Act
- Other Functions During the Construction Phase
- [1.21] Shop drawings
- [1.22] Processing the contractor’s application for payment
- [1.23] Issuing certificates of partial, substantial, and final completion
- [1.24] Preparing punch list items at or near the end of the job
- [1.25] Consulting A/Es
- III. Theories of Liability
- [1.26] The Common-Law Standard of Care
- Actions Based on Contract
- [1.27] Express Warranties
- [1.28] Implied Contract Terms
- [1.29] Implied Warranties
- [1.30] Recovery by Third Parties Under Third-Party Beneficiary Theory
- Uniform Commercial Code
- [1.31] Application of the UCC to Construction Contracts
- [1.32] Application of the UCC to the Performance of Professional Services
- [1.33] Application of the Economic-Loss Doctrine to Tort Claims Against Design Professionals
- [1.34] Cases Refining the Definition of “Economic Loss”
- [1.35] Recovery by Third Parties in Tort
- [1.36] Strict Liability in Tort
- IV. Defenses
- V. Claims
- Chapter 2 — Claims Against General Contractors
- I. [2.1] Scope of Chapter
- II. [2.2] Perspectives of Counsel
- III. [2.3] The Business of Contracting
- IV. The Obligations of the General Contractor
- V. Theories of Liability for Defective Construction Claims
- Actions Based in Contract
- [2.8] Breach of Contract
- [2.9] Express Warranty
- [2.10] Implied Warranty of Habitability
- [2.11] Implied Warranty of Habitability and Insolvency Issues: Minton Overruled
- [2.12] Minton Line of Cases
- [2.13] Implied Warranty of Workmanlike Performance
- [2.14] Uniform Commercial Code
- [2.15] Magnuson-Moss Warranty — Federal Trade Commission Improvement Act Claims
- Actions Based in Tort
- [2.16] Overview of the Economic-Loss Doctrine
- [2.17] Introduction to the Economic-Loss Doctrine
- [2.18] Economic-Loss Cases: Problems in Application
- [2.19] What Is Economic Loss?
- [2.20] Test for Whether a Claim Sounds in Tort or in Contract
- Exceptions to the Economic-Loss Prohibition
- [2.21] Fraud
- [2.22] Consumer Fraud
- [2.23] Negligent Misrepresentation
- [2.24] Intentional Interference with a Contract
- [2.25] Willful and Wanton Misconduct
- [2.26] Reasonable Expectation of Personal Injury or Death
- [2.27] Strict Liability
- [2.28] Contribution and Comparative Fault
- Guaranties
- [2.29] Promises To Repair
- [2.30] Other Guaranties
- Defenses
- [2.31] Statute of Limitations
- [2.32] The Discovery Rule and the Repose Period
- [2.33] Application to Design, Planning, Supervision, Observation, or Management of Construction
- [2.34] Other Limitations Periods
- [2.35] Presumption of Reasonable Care
- [2.36] Compliance with Specifications
- [2.37] Acceptance of the Project
- [2.38] Damage Limitations
- [2.39] Remedy Limitations
- [2.40] Waiver
- [2.41] Remedy Limitation
- [2.42] Exhaustion of Administrative Remedies
- [2.43] Indemnification
- Contractual Indemnity
- [2.44] Express Indemnity Clause
- [2.45] Breach of Contract
- [2.46] Contracts To Obtain Insurance
- [2.47] Uniform Commercial Code
- [2.48] Contractor Suits Against Design Professionals
- [2.49] Waiver of Implied Warranty of Habitability
- Measure of Damages
- [2.50] Contract Measure
- [2.51] Tort Measure
- Other Claims for Economic Loss
- [2.52] Delay/Acceleration Claims
- [2.53] Fraud
- [2.54] Disruption/Poor Coordination Claims
- [2.55] Owner’s Claims for Indemnification for Mechanics Lien Claims
- Defenses to Implied Warranty of Habitability Claims
- [2.56] Statute of Limitations
- [2.57] Applicable Only to Residential Property
- [2.58] Disclaimer
- [2.59] Tort Indemnity
- [2.60] Contribution
- Chapter 3 — Subcontractor Claims
- I. [3.1] Introduction
- II. Subcontractor Breach
- [3.2] Economic Loss
- [3.3] Insurance Coverage
- [3.4] Allocation of Risk of Loss
- [3.5] Assignment of Claims
- [3.6] Incorporation by Reference
- [3.7] Warranties
- [3.8] Delay
- [3.9] Consequential Damages
- [3.10] Liquidated Damages
- [3.11] Dispute Resolution
- [3.12] Third-Party Beneficiary
- [3.13] Other Substantive Issues
- [3.14] Implied Warranties
- [3.15] Vendor Claims
- Defenses
- [3.16] Design Responsibility
- [3.17] Coordination
- III. General Contractor Breach
- Prosecution
- [3.18] Bid Issues
- [3.19] Privity
- [3.20] Mechanics Liens
- [3.21] Construction Bonds
- [3.22] Third-Party Beneficiary
- [3.23] Prompt Payment Acts
- [3.24] Liquidating Agreements
- Defenses
- [3.25] Breach of Contract
- [3.26] Pay-When-Paid Clauses
- [3.27] Change Orders
- [3.28] No Damages for Delay
- [3.29] Illinois Lien Bond Statute
- [3.30] Retainage
- Chapter 4 — Claims Against Sureties
- I. [4.1] Claims Against Sureties
- II. [4.2] Bonds — General
- III. Bid Bonds
- IV. Performance Bonds
- [4.6] In General
- [4.7] Integration with Construction Contract
- [4.8] Public Bonds
- [4.9] “Public Improvement” Defined
- [4.10] Effect of Public Owner’s Failure To Ensure Posting of Bonds
- [4.11] Standing To Assert Performance Bond Claims
- [4.12] Standing of Subcontractors and Suppliers
- [4.13] Standing of Co-Prime Contractors
- [4.14] Declaration of Default
- [4.15] Material Breach Required
- [4.16] Notice of Default Required
- [4.17] Statute of Limitations
- [4.18] Reduction of Limitations Period
- [4.19] Prepayment and Overpayment Defenses
- [4.20] Surety Performance Options
- [4.21] Complete the Work Through the Owner
- [4.22] Complete the Work Through the Surety
- [4.23] Complete the Work Through the Defaulted Contractor
- [4.24] Tendering a Completion Contractor
- [4.25] Do Nothing or Deny the Claim
- [4.26] Damages Recoverable Under Performance Bonds
- [4.27] Delay Damages
- [4.28] Liability for Personal Injury
- [4.29] Prejudgment Interest
- [4.30] Attorneys’ Fees
- V. Payment Bonds
- VI. Surety Liability
- [4.37] Standing
- [4.38] Public Construction Bond Act Limitations Periods
- [4.39] Notice Requirements Under the Public Construction Bond Act
- [4.40] Copy of the Bond
- [4.41] Venue Under the Public Construction Bond Act
- [4.42] Suit in Name of Owner
- [4.43] Bond Limitations
- [4.44] Bond Coverage
- [4.45] Defenses to Bond Claims
- [4.46] Waiver or Release
- [4.47] Defenses of the Principal
- [4.48] Pay-When-Paid Clauses
- [4.49] Failure To Mitigate Damages — Penal Sum Limits
- [4.50] Interest
- [4.51] Attorneys’ Fees
- VII. [4.52] Conclusion
- Chapter 5 — Claims Against Construction Lenders
- Chapter 6 — Claims Arising out of Construction Accidents
- I. [6.1] Scope of Chapter
- II. [6.2] Personal Injury Claims
- Claims Against Employers
- [6.3] Workers’ Compensation as Exclusive Remedy
- Employer’s Liability in Contribution to Third Parties
- [6.4] Limited to Amount of Statutory Liability
- [6.5] Waiver of Statutory Liability Limitation
- Claims Against Third Parties
- Theories of Liability
- [6.6] Negligence Claims
- [6.7] Section 414 of the RESTATEMENT (SECOND) OF TORTS
- [6.8] Section 343 of the RESTATEMENT (SECOND) OF TORTS
- [6.9] Strict Products Liability
- [6.10] Strict Liability/Ultrahazardous Activity
- [6.11] Res Ipsa Loquitur
- [6.12] Loss of Consortium
- [6.13] Wrongful Death Act
- [6.14] Survival Statute
- Liability Issues
- [6.15] Comparative Fault
- [6.16] Contribution Among Joint Tortfeasors
- [6.17] Joint and Several Liability
- Settlement Issues
- [6.18] Good-faith finding
- [6.19] Jury verdict form
- [6.20] Setoff
- [6.21] Illustrative Hypotheticals
- Indemnity Considerations
- [6.22] Anti-Indemnity Act
- [6.23] Contractual contribution
- [6.24] Additional insureds
- Defense Considerations
- Generally Applicable Defenses
- [6.25] Statutes of limitations and repose for construction claims
- [6.26] Statute of limitations for contribution and indemnity
- [6.27] Comparative negligence
- [6.28] Scope of tort duties defined by contract
- [6.29] Compliance with plans
- [6.30] Loaned servant
- Additional Defense Considerations Applicable to Premises Liability Claims
- [6.31] Notice
- [6.32] De minimis
- [6.33] Open and obvious
- [6.34] Deliberate encounter exception
- [6.35] Distraction exception
- III. [6.36] Property Loss Claims
- Chapter 7 — Claims Involving Termination or Suspension
- I. [7.1] Scope of Chapter
- II. [7.2] Termination
- [7.3] Owner’s Termination of the Agreement
- [7.4] Termination of a Contractor for Cause
- [7.5] AIA Form Agreement: Termination-for-Cause Provision
- [7.6] EJCDC Form Agreement: Termination-for-Cause Provision
- [7.7] Other Examples of Termination-for-Cause Provisions
- [7.8] How Courts Interpret Termination-for-Cause Provisions
- [7.9] Termination of a Contractor for Convenience
- [7.10] AIA Form Agreement: Termination-for-Convenience Provision
- [7.11] EJCDC Form Agreement: Termination-for-Convenience Provision
- [7.12] Other Examples of Termination-for-Convenience Provisions
- [7.13] Termination for Convenience When a Project Is Canceled or Not Approved by Local Government Agencies
- [7.14] Compensation Agreements When Terminating for Convenience
- [7.15] How Courts Interpret Termination-for-Convenience Provisions
- [7.16] Contingent Assignment of Subcontracts If Owner Terminates
- [7.17] Converting a Termination for Cause into a Termination for Convenience
- [7.18] Contractor’s Termination of the Agreement
- [7.19] AIA Form Agreement: Termination-by-Contractor Provision
- [7.20] EJCDC Form Agreement: Termination-by-Contractor Provision
- [7.21] Termination by Contractor for Owner Delay
- [7.22] Termination by Contractor for Owner’s Failure To Pay
- [7.23] Providing Notice of Termination
- [7.24] Cancellation Charges
- [7.25] Anticipatory Repudiation of a Contract
- [7.26] Wrongful Termination
- [7.27] Defenses to Termination Claims
- III. [7.28] Suspension
- IV. [7.31] Conclusion
- Chapter 8 — Claims for Disruption/Loss of Productivity
- I. [8.1] Introduction
- II. [8.2] Establishing Entitlement to Disruption Claims
- III. [8.8] Establishment and Quantification of Inefficiency and Other Impact Claims
- [8.9] Establishing Liability and Burdens of Proof
- [8.10] Establishing Cause of Diminished Labor Productivity
- [8.11] Methods To Quantify Inefficiencies
- [8.12] Discrete Pricing
- [8.13] Measured Mile Approach
- [8.14] Total Cost/Modified Total Cost Methodologies
- [8.15] Industry and Academic Publications
- [8.16] Use of Expert Testimony
- Chapter 9 — Claims for Acceleration and Delay
- I. [9.1] Scope of Chapter
- II. [9.2] Delay
- [9.3] Excusable Delay
- [9.4] Compensable Delay
- [9.5] Noncompensable Delay
- [9.6] Non-Excusable Delay
- [9.7] Concurrent Delay
- [9.8] Contractual Issues
- [9.9] Notice Provisions
- [9.10] No-Damage-for-Delay Provisions
- [9.11] Analyzing Critical Path Method Delays
- [9.12] Critical Path Method Scheduling Software
- [9.13] Use of Experts To Analyze and Quantify Critical Path Method Delay
- III. [9.14] Acceleration
- IV. [9.15] Remedies and Damages
- Remedies for Each Party
- [9.16] Damages to the Owner
- [9.17] Damages to the Contractor
- [9.18] Calculating Commencement of Delays
- [9.19] Calculating Damages
- [9.20] Discrete Method
- [9.21] Total Cost Method
- [9.22] Modified Total Cost Method
- What Costs Are Included
- [9.23] Extended Home Office Overhead and the Eichleay Formula
- [9.24] Loss of Efficiency or Productivity
- V. [9.25] Conclusion
- Chapter 10 — Insurance Coverage for Construction Defect Claims
- I. [10.1] Introduction
- II. [10.2] Common Types of Insurance Policies Related to Construction Defect Claims
- III. [10.3] Claims Covered by the Typical Commercial General Liability Policy
- [10.4] Definition of “Occurrence”
- [10.5] The Evolution of the Commercial General Liability Policy Forms and Its Intended Effect on Coverage for Construction Defect Claims
- [10.6] The Split in Authority as to Whether Damage from Construction Defects, Standing Alone, Is an “Occurrence”
- [10.7] The Illinois Supreme Court Adopting Majority View in 2023
- [10.8] Contract Claims vs. Tort Claims
- [10.9] The Definition of “Property Damage”
- [10.10] Physical Injury to Tangible Property
- [10.11] Repair or Replacement of Faulty Workmanship
- [10.12] Damage to Other Property
- [10.13] The Incorporation Doctrine
- [10.14] Loss-of-Use Damages
- IV. The Duty To Defend
- [10.15] The Scope of the Duty To Defend as Compared to the Duty To Indemnify
- Triggering the Duty To Defend
- [10.16] The Low Threshold for the Duty To Defend
- [10.17] The Four Corners of the Complaint and True but Unpleaded Facts
- [10.18] The Estoppel Doctrine
- [10.19] Ability To Retain Independent Counsel — Conflict of Interest
- V. [10.20] Typical Exclusions Applicable to Construction Damages Claims
- VI. [10.25] Additional Insured Coverage
- [10.26] Major Insurance Services Office Additional Insured Endorsement Forms and Scope of Coverage
- [10.27] CG 20 10 11 85 and the Broad “Arising out of” Formulation
- [10.28] CG 20 10 10 93 and the Assault on Completed Operations Coverage
- [10.29] CG 20 10 10 01 and CG 20 37 10 01
- [10.30] CG 20 10 07 04 and Fault-Based Additional Insured Coverage
- [10.31] CG 20 09 03 97 and Absence of Contractual Liability Coverage
- [10.32] Manuscript Endorsements and Limitations to Imputed or Vicarious Liability
- [10.33] Determining the Duty To Defend Under Limited Additional Insured Endorsements
- VII. The Targeted Tender Rule and Other/Excess Insurance Clauses
- Chapter 11 — Scope Changes and Differing Site Conditions
- I. Scope Changes
- [11.1] Overview
- [11.2] Constructive Changes and Waiver of Change Order Provisions
- [11.3] Outside Original Scope — Implied Warranty of Contract Documents
- [11.4] Outside Original Scope — Proof
- [11.5] Outside Original Scope and Interference/Hindrance
- Ordered by Owner, Agreed To Be Paid by Owner
- [11.6] Who Is Authorized To Bind the Owner
- [11.7] Words or Conduct Indicating Payment
- [11.8] Inapplicable Change Order Provisions
- [11.9] Notice and Written Claim Requirements
- [11.10] Change Orders as Accord and Satisfaction
- [11.11] “Excessive” Change and Cumulative Impacts
- [11.12] Construction Change Directives and Continuing Work
- II. Differing Site Conditions
- [11.13] Overview
- [11.14] Contract and Statutory Provisions
- [11.15] Elements: Type I; Type II
- [11.16] The Effect of Investigation and Exculpatory Clauses on Claimant
- [11.17] Contractor’s Duty To Notify, Owner’s Duty To Investigate
- [11.18] Design and Performance Specifications
- [11.19] Damages Quantification
- Chapter 12 — Representing the Owner
- I. [12.1] Introduction
- II. [12.2] The Owner
- III. [12.7] The Economics of Construction Dispute Resolution
- IV. Investigating the Claim
- [12.8] Spoliation
- The Importance of the Expert
- [12.9] Consulting Expert
- [12.10] Testifying Expert
- [12.11] The Contractor’s Right To Cure Deficiencies
- [12.12] Developing a Remediation Plan
- [12.13] The Expert’s Testimony
- [12.14] Ascertaining the Sources of Responsibility
- [12.15] Ascertaining Recoverable Damages
- V. [12.16] The Nature of the Claim
- [12.17] Preconstruction Claims
- [12.18] Public Bid Claims/Protests
- [12.19] State Government Bid Protest Procedures in Illinois
- [12.20] Bid Protest Procedures for Illinois Units of Local Government
- Standing To Challenge the Award
- [12.21] Taxpayer
- [12.22] Unsuccessful bidder
- [12.23] Indispensable parties
- [12.24] Theories of Challenge to Bid Awards
- [12.25] Mandamus
- [12.26] Injunctive relief
- [12.27] Deprivation of due process
- Recovery
- [12.28] No recovery of lost profits
- [12.29] Recovery of bidding expenses
- [12.30] Private Nuisance Claims
- [12.31] Trespass Claims
- [12.32] Claims During Construction
- [12.33] Contract Claims During Construction
- [12.34] Default and Termination for Cause
- [12.35] Delay Claims
- [12.36] Termination for Convenience
- [12.37] Payment Claims
- Post-Construction Claims
- [12.38] Negligence, Construction Defects, and the Economic-Loss Doctrine
- [12.39] Personal Injury Tort Claims
- [12.40] Contribution and Indemnity Claims
- [12.41] Damage to Other Property Negligence Claims
- [12.42] Fraud — Intentional Misrepresentation
- [12.43] Negligent Misrepresentation
- [12.44] Breach of Contract
- [12.45] Express Warranties
- [12.46] Implied Warranties
- [12.47] Implied Warranty of Residential Habitability
- [12.48] Residential: Magnuson-Moss Warranty — Federal Trade Commission Improvement Act
- VI. [12.49] Understanding the Construction Delivery System
- [12.50] The Traditional Approach: Design-Bid-Build
- [12.51] Multiple Primes Managed by the Owner
- [12.52] Construction Management
- [12.53] Construction Manager as Advisor
- [12.54] Construction Manager at Risk
- [12.55] Design-Build
- [12.56] Subcontractors
- [12.57] Integrated Project Delivery with Building Information Modeling
- [12.58] Manufacturers
- [12.59] Surety
- VII. [12.60] Ascertaining and Triggering Insurance Coverage
- [12.61] Is There an Occurrence, and Is There Property Damage as a Result of an Occurrence?
- [12.62] Damage to “Other” Property
- [12.63] The Commercial General Liability “Your Work” Exclusions
- [12.64] The Subcontractor Exception to the “Your Work” Exclusion Contained in the Products-Completed Operations Liability Coverage Form
- [12.65] Coverage and the Additional Insured
- VIII. [12.66] Conditions Precedent to Commencing Dispute Resolution Proceedings During Construction
- IX. [12.67] Ascertaining the Forum: Litigation or Arbitration
- X. Pleading the Claim
- [12.68] Degree of Specificity
- [12.69] Limitations Issues
- [12.70] Actions Based on Tort or Contract for an Act or Omission in the Design, Planning, Supervision, Observation, or Management
- [12.71] Actions Based on Other than Tort or Contract for an Act or Omission in the Design, Planning, Supervision, Observation, or Management
- [12.72] Personal Injury
- [12.73] Implied Warranty of Habitability
- [12.74] Contractual Limitations Period
- [12.75] The Discovery Rule
- [12.76] Extending the Discovery Rule — The Continuing Treatment Exception
- [12.77] Estoppel/Waiver To Raise Statute-of-Limitations Defense
- [12.78] Fraudulent Concealment
- [12.79] Contribution and Indemnity
- [12.80] Governmental Limitations Immunity
- XI. [12.81] Trial
- Chapter 13 — Sources of Evidence (Discovery)
- I. Discovery Strategy and Planning
- II. [13.4] Litigation Holds
- III. [13.5] Interrogatories
- IV. [13.9] Requests for Production of Documents
- V. Depositions
- VI. [13.16] Requests for Admission
- VII. Other Discovery Methods
- VIII. [13.19] Expert Witness Discovery
- [13.20] Disclosure of Experts and Expert Reports
- [13.21] The Scope of Expert Discovery and Privileges for Communications Between Experts and Attorneys
- [13.22] Admissibility of Expert Opinions
- [13.23] Expert’s Testimony Must Be Relevant
- [13.24] Relevant Expert Testimony Is Inadmissible If the Potential for Prejudice Outweighs the Probative Value of the Testimony
- [13.25] Admissibility of Expert Testimony Based on Scientific or Specialized Knowledge
- [13.26] Basis of Expert Opinion Testimony and Disclosure of Facts or Data Underlying Expert Opinion
- [13.27] Timing of Expert Retention
- [13.28] Choosing an Expert
- [13.29] Use of Experts in Discovery
- [13.30] Discovery of Opponent’s Expert
- [13.31] The Qualifications of the Expert
- [13.32] The Expert’s Bias
- [13.33] The Expert’s Credibility
- [13.34] Adequacy of Preparation
- IX. [13.35] Resolving Discovery Disputes
- X. [13.39] Protective Orders
- XI. [13.40] Discoverability of Insurance
- XII. [13.41] Discovery Support
- XIII. [13.42] Consider Limited Discovery
- XIV. Discovery and Duties Before the Lawsuit
- XV. Appendix
- Chapter 14 — Working with Experts/Consultants
- I. [14.1] Introduction
- II. Retention
- III. Forum Rules for the Admissibility of Expert Testimony
- IV. [14.16] Drawings, Photos, Videos, and Models; Illinois Procedural Rules for Admission of Evidence
- V. Expert Discovery and Disclosure
- VI. [14.20] Expert Preparation
- VII. [14.21] Preparing for Discovery of the Opponent’s Experts
- VIII. [14.22] Preservation of Notes, Reports, and Opinions
- IX. [14.25] Joint Defense Privilege
- Chapter 15 — Special Defenses to Construction Claims
- I. Introduction
- II. Defenses Arising from Statute
- [15.4] Statute of Limitations
- [15.5] Application to Design, Planning, Supervision, Observation, or Management of Construction
- [15.6] Triggering Events
- [15.7] Scope of Application
- Construction Contract Indemnification for Negligence Act
- [15.8] Coverage Under the Construction Contract Indemnification for Negligence Act
- [15.9] Exceptions to the Construction Contract Indemnification for Negligence Act
- [15.10] Statutory Presumption of Reasonable Care
- III. Defenses Arising from Common Law
- [15.11] Economic-Loss Rule (Moorman Doctrine)
- [15.12] Exceptions to the Economic-Loss Rule
- [15.13] Sudden and Calamitous Damage to Other Property
- [15.14] Intentional Misrepresentation (Fraud)
- [15.15] Negligent Misrepresentation by One in the Business of Supplying Information
- [15.16] Open and Obvious Dangers
- [15.17] Betterment/Unjust Enrichment
- [15.18] Architect/Engineer Cases
- [15.19] Contractor Cases
- [15.20] Roof Cases
- [15.21] Failure To Mitigate
- [15.22] Lack of Proximate Cause/Intervening Cause
- [15.23] Deviation from the Plans and Specifications
- [15.24] Equitable Estoppel and Judicial Estoppel
- [15.25] Lack of Reasonable Reliance
- Immunity
- [15.26] Public Employees
- [15.27] Consultant Privileges
- [15.28] No Duty
- [15.29] Lack of Foreseeability
- [15.30] No Control
- [15.31] Contributory Negligence
- Compliance with the Standard of Care/Reasonable Care
- [15.32] Designers
- [15.33] Contractors
- [15.34] Accepted-Work Doctrine
- [15.35] Voluntary Acceptance of Defective Work
- [15.36] Assumption of the Risk
- [15.37] Failure To Exhaust Administrative Remedies
- [15.38] No License (Illegality)
- [15.39] Defenses to Implied Warranty of Habitability Claims
- [15.40] Waiver/Disclaimer of the Implied Warranty of Habitability
- [15.41] Statute of Limitations
- [15.42] Parties Not Subject to Implied Warranty of Habitability Claims
- Owner’s Defenses
- [15.43] Defective Work
- [15.44] Cause for Termination
- [15.45] Setoff
- [15.46] Right of Contractor To Correct Defective Work
- IV. Defenses Arising from Contract
- [15.47] Limitation-of-Liability Clauses
- [15.48] Contractual Statute of Limitations — Modification by Contract
- [15.49] No-Damage-for-Delay Clauses
- [15.50] Liquidated Damages Clauses
- Remedy Limitation Clauses
- [15.51] Alternative Dispute Resolution
- [15.52] Warranty as Exclusive Remedy
- [15.53] Waiver of Consequential Damages
- [15.54] Waiver-of-Subrogation Clauses
- [15.55] Compliance with Plans and Specifications
- [15.56] Qualified Privilege (Privilege To Interfere)
- [15.57] Material Breach as Excuse for Nonperformance and the Partial Breach Doctrine
- [15.58] Acceptance by Owner or Owner’s Agent
- V. [15.59] Shifting Risk to Another
- VI. Defenses to Particular Statutory Claims
- Chapter 16 — The Owner’s Recovery of Damages
- I. [16.1] Introduction
- II. The Evidence of Damages
- III. [16.9] Damages Arising from Contractor’s Breach of Contract
- [16.10] General Rule: Foreseeable Damages
- [16.11] General Rule: Cost of Completion
- [16.12] General Rule: Cost of Repair
- [16.13] Exception: Unreasonably Disproportionate to the Benefit
- [16.14] Exception: Unreasonable Destruction to the Work
- [16.15] Residential Property — Willful Breach
- [16.16] Date of Valuation of Damages
- [16.17] Betterment Not Recoverable
- [16.18] Other Damages
- [16.19] Business Disruption
- [16.20] Mitigation Expense
- [16.21] Personnel Time Lost
- [16.22] Inconvenience Due to Delay
- [16.23] Loss of Use
- [16.24] Financing
- [16.25] Loss of Profit
- [16.26] Professional Consulting Fees
- [16.27] Mental Anguish, Discomfort, and Inconvenience
- [16.28] Personal, Peculiar, or Sentimental Value
- [16.29] Special/Consequential Damages
- [16.30] Punitive Damages
- [16.31] Delay Damages
- [16.32] Recovery of Incidental and Consequential Damages Under the Uniform Commercial Code
- IV. Recovery of Design Defect Damages Against the Design Professional
- V. Contractual Limitation on Damages
- Liquidated Damages
- [16.35] In General
- [16.36] Liquidated Damages as Cumulative
- [16.37] No Damage for Delay
- [16.38] Exculpatory/Limitation-of-Damages Clauses
- Attorneys’ Fees
- [16.39] The American Rule
- [16.40] Additional Exceptions to the American Rule
- [16.41] Mechanics Lien Act
- [16.42] Consumer Fraud and Deceptive Business Practices Act
- [16.43] Magnuson-Moss Warranty — Federal Trade Commission Improvement Act
- [16.44] Violation of Building Ordinance
- [16.45] Under the Rules of Arbitration
- [16.46] Proof of Attorneys’ Fees
- Interest
- [16.47] Prejudgment Interest
- [16.48] Postjudgment Interest
- [16.49] Interest Under the Mechanics Lien Act
- [16.50] Interest Under Prompt Payment Acts
- [16.51] Contractor’s Prompt Payment Act
- [16.52] State and Local Government Prompt Payment Acts
- [16.53] Costs
- State Court
- [16.54] In General
- [16.55] Filing Fees, Subpoena Fees, and Statutory Witness Fees
- [16.56] Deposition Costs — Used at Trial
- [16.57] Professional Fees
- [16.58] Interpreter Fees
- [16.59] Federal Court
- [16.60] Arbitration
- VI. Defenses to Damage Claims
- VII. [16.65] Standard of Appellate Review
- VIII. [16.66] Conclusion
- Chapter 17 — Contractors’ and Subcontractors’ Damages
- I. [17.1] Introduction
- II. Contract Theories, Clauses Authorizing Damages, and Limitations
- [17.2] Common-Law Contract Measure of Damages
- [17.3] Substantial Performance
- [17.4] Contractor’s Common-Law Measure of Damages When the Owner Is in Material Breach and Substantial Performance Has Been Achieved
- [17.5] Contractor’s Common-Law Measure of Damages When the Owner Is in Material Breach but the Contractor Has Not Achieved Substantial Performance of the Contract
- [17.6] Contractor’s Common-Law Measure of Damages When the Contractor Is Guilty of the First Material Breach of Contract and the Contractor Has Achieved Substantial Performance
- [17.7] Contractor’s Common-Law Measure of Damages When the Contractor Is in Material Breach of the Contract but Has Not Achieved Substantial Performance
- [17.8] Standard of Proof
- [17.9] Contract Clauses Authorizing Damages
- Common Limitation-of-Damages Clauses
- [17.10] No Damages for Delay
- [17.11] Waiver of Consequential Damages
- [17.12] Change Order Clause Limitations
- [17.13] Other
- [17.14] Differing Site Conditions Clauses
- [17.15] Failure of Payment by Owner
- Pass-Through Claims
- [17.16] Pass-Through Claims Generally
- [17.17] Illinois Permits Pass-Through Claims
- [17.18] Liquidating Agreements Appear Not To Be a Necessary Prerequisite in Illinois
- [17.19] The General Contractor Must Remain Liable, if Only Conditionally, to the Subcontractor
- [17.20] The Pass-Through Subcontractor That Is Disappointed in the Result May Not Be Bound To Accept the Result of the Pass-Through Claim
- III. Tort Theories and Limitations
- [17.21] Intentional Torts
- [17.22] Fraud
- [17.23] False Sworn Statements
- [17.24] Constructive Fraud
- [17.25] Conversion
- Unintentional Torts
- [17.26] Negligence
- [17.27] Strict Liability
- [17.28] Economic-Loss Doctrine — Moorman Manufacturing Co. v. National Tank Co.
- [17.29] Negligent Misrepresentation
- Statutory Torts
- [17.30] Consumer Fraud and Deceptive Business Practices Act
- [17.31] Contribution
- [17.32] Punitive Damages
- IV. Overview of Damages Calculations
- V. Types of Recoverable Costs
- [17.38] Labor Costs
- [17.39] Direct Labor Overrun
- [17.40] Applicable Wage Rate
- [17.41] Additional Hours
- [17.42] Labor Burdens
- [17.43] Wage Escalation
- [17.44] Loss of Productivity
- [17.45] Equipment and Small Tool Costs
- [17.46] Additional Equipment Costs
- [17.47] Cost of Additional Small Tools
- [17.48] Material Costs
- [17.49] Materials Generally
- Direct Costs Associated with Material Claims
- [17.50] Owner-Caused Delay
- [17.51] Defective Specifications
- [17.52] Owner-Directed Changes
- [17.53] Indirect Costs Associated with Material Claims
- [17.54] Mitigating Factors in Recovering Additional Costs
- [17.55] Price-Escalation or Revisions Clauses
- [17.56] Bond and Insurance Costs
- [17.57] Construction Contract Bonds
- [17.58] Reasons for Increased Bond Costs
- [17.59] Loss or Impairment of Bonding Capacity or Credit
- [17.60] Increased Insurance Costs
- [17.61] Jobsite Overhead
- [17.62] “Jobsite Overhead” Defined
- [17.63] Calculation Methods
- [17.64] Home Office Overhead
- [17.65] Home Office Overhead Costs
- [17.66] Fixed Costs vs. Variable Costs
- [17.67] Eichleay Formula
- [17.68] Other Methods
- [17.69] Profit
- [17.70] “Profit” Defined
- [17.71] Profit on Work Performed
- [17.72] Profit on Unperformed Work
- [17.73] Lost Business Revenues
- [17.74] Interest
- [17.75] Interest Act
- [17.76] Prejudgment Interest
- [17.77] Postjudgment Interest
- [17.78] Contracts
- [17.79] Mechanics Lien Act
- [17.80] Prompt Payment Acts
- VI. [17.81] Attorneys’ Fees and Claim-Preparation Costs
- VII. Other Sources of Remedies and Damages
- VIII. Restitution
- Chapter 18 — Recovery of Attorneys’ Fees, Costs, and Expenses
- I. [18.1] Introduction
- II. [18.2] The American Rule — An Overview
- III. Shifting the Burden — Exceptions to the American Rule
- [18.3] Fee-Shifting Provisions in Statutes
- [18.4] Mechanics Lien Act
- [18.5] Entitlement to Costs Under §17(a) of the Mechanics Lien Act
- [18.6] Section 17(b): Successful Lien Claimant May Be Able To Recover Reasonable Attorneys’ Fees
- [18.7] Section 17(c): Claimant Who Sues on a Lien Without Just Cause or Right May Be Liable for Reasonable Attorneys’ Fees
- [18.8] Section 38.1: Claimant or Principal on a Lien Bond May Recover Attorneys’ Fees
- [18.9] Home Repair and Remodeling Act
- [18.10] Consumer Fraud and Deceptive Business Practices Act
- [18.11] Prompt Payment Acts
- [18.12] Racketeer Influenced and Corrupt Organizations Act
- [18.13] Contractual Fee-Shifting
- [18.14] Indemnity Clauses
- [18.15] Construction Contract Indemnification for Negligence Act May Invalidate Indemnity
- [18.16] Prevailing Party Clause
- Procedural Fee-Shifting
- [18.17] Sanctions
- [18.18] Arbitration
- IV. [18.19] Determining the “Prevailing Party”
- V. [18.20] Reasonableness Standard for Attorneys’ Fees
- VI. [18.21] Appellate Review of Awards of Attorneys’ Fees
- Chapter 19 — Nonbinding Alternatives to Court Litigation for Resolving Construction Disputes
- I. [19.1] Introduction
- [19.2] Why Not Let Court Litigation Run Its Course?
- [19.3] Alternative Dispute Resolution
- [19.4] Step Negotiation
- [19.5] Dispute Review Boards
- [19.6] Med/Arb
- [19.7] “Initial Decision Maker”
- [19.8] Court-Annexed Procedures
- [19.9] Other Flexible Processes
- [19.10] Contractual Election of Alternative Dispute Resolution
- II. [19.11] Mediation
- III. [19.18] Alternatives to Traditional Mediation
- IV. [19.21] Conclusion
- Chapter 20 — Arbitration
- I. [20.1] Introduction
- II. [20.8] Arbitration: A Statutorily Enforced Agreement
- [20.9] Multiple Overlapping Statutes
- [20.10] The Illinois Uniform Arbitration Act
- [20.11] The Federal Arbitration Act
- [20.12] The International Commercial Arbitration Act
- [20.13] Interaction of State and Federal Arbitration Laws
- [20.14] Similarities and Differences
- [20.15] Federal Preemption of State Law
- [20.16] Application of Arbitration Statutes
- III. [20.17] Enforcement of Arbitration Agreements
- [20.18] Presumption Favoring Arbitration
- [20.19] Motions To Compel or Stay Arbitration
- [20.20] Waiver of Right To Litigate
- [20.21] Waiver of Right To Arbitrate
- [20.22] Who Decides Whether a Party Waived a Right To Arbitrate?
- [20.23] Basis for Arguing That a Party Waived Arbitration
- [20.24] Who Determines Arbitrability, and on What Basis?
- [20.25] Delegation of Arbitrability Determination to Arbitrator
- [20.26] Challenges to the Validity of an Agreement To Arbitrate
- [20.27] Does the Dispute Fall Within the Arbitration Clause?
- [20.28] Under the Illinois Uniform Arbitration Act
- [20.29] Under the Federal Arbitration Act
- Unique Arbitration Law Issues
- [20.30] Availability of Designated Arbitrators or Arbitral Forum
- [20.31] Forum-Selection Clauses and Statutes
- IV. [20.32] Arbitration Proceedings
- [20.33] Conditions Precedent
- [20.34] Initiating Arbitration
- [20.35] Joinder and Consolidation
- [20.36] Venue and Locale
- [20.37] Arbitrator Selection
- [20.38] Customizing the Process
- [20.39] Prehearing Conferences
- [20.40] Agency Fees
- [20.41] Discovery
- [20.42] The Hearing
- [20.43] Ex Parte Hearings
- [20.44] Form of Arbitration Award
- [20.45] Interim and Final Awards
- [20.46] Award Remedies
- [20.47] Modification of Award by Arbitrator
- V. [20.48] Confirming, Vacating, and Correcting Awards
- [20.49] Confirming an Award
- Challenging an Award
- [20.50] Time To Challenge an Award
- [20.51] Grounds for Vacatur of an Award
- [20.52] Manifest Disregard of the Law
- [20.53] Arbitration Awards That Violate Public Policy
- [20.54] Judicial Review of Arbitration Awards Is Extremely Limited
- [20.55] Modifying or Correcting an Award
- Anna C. Avendaño
Anna C. Avendaño
Anna C. Avendaño is Of Counsel at Perkins Coie LLP in San Francisco, California, where she concentrates her practice in construction law. She has been recognized by Super Lawyers as a Rising Star (2020 – 2024) and by Best Lawyers as One to Watch for Commercial Litigation, Litigation — Construction, Litigation — Real Estate, and Real Estate Law (2021 – 2025). Ms. Avendaño received her BA and BS from the University of Missouri–Columbia and her JD from the Loyola University Chicago School of Law.
- Jeremy S. Baker
Jeremy S. Baker
Jeremy S. Baker is the Founding Attorney at Baker Law Group LLC in Chicago, where he focuses his practice on construction law. He has been an adjunct professor of construction law at the University of Illinois Chicago School of Law (2016 – 2018), is a member of the Society of Illinois Construction Attorneys, and is a liaison to the AIA Contract Documents Committee (2016 – present). Mr. Baker received his BA with honors from the University of California, Santa Barbara, and his JD cum laude from the Tulane University Law School.
- Jonathan Berjikian
Jonathan Berjikian
Jonathan Berjikian is an associate at Baker Law Group LLC in Chicago, where he focuses his practice on construction law. He is licensed to practice law in Illinois and California and is a member of the Illinois State Bar Association’s Construction Law Section Council. Mr. Berjikian received his BS from the University of California, Los Angeles, and his JD from the Chicago-Kent College of Law.
- Tina M. Bird
Tina M. Bird
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.
- Diana Z. Bowman
Diana Z. Bowman
Diana Z. Bowman is a Partner at Perkins Coie LLP in Chicago, where she focuses her practice on construction law. She has been recognized as a Recommended Construction Attorney by The Legal 500 United States, is a member of the Society of Illinois Construction Attorneys, and is a Chambers Ranked Construction Lawyer. Ms. Bowman received her BA with honors from DePaul University; her JD from the Chicago-Kent College of Law, where she was a member of the Moot Court Honor Society; and her LLM in real estate from the University of Illinois Chicago School of Law.
- Robert T. Boylan
Robert T. Boylan
Robert T. Boylan is a Shareholder at Foran Glennon Palandech Ponzi & Rudloff PC in Chicago, where he focuses his practice on commercial litigation, construction litigation, products liability, and professional liability. He is authorized to practice law in Illinois and in the U.S. District Courts for the Northern District of Illinois, the Eastern District of Wisconsin, and the District of Colorado. He is a member of the Chicago Bar Association, the American Bar Association, and the Defense Research Institute and has been named a Leading Lawyer by Law Bulletin Media since 2013. Mr. Boylan received his BA from the University of Michigan and this JD from the Boston University School of Law.
- Timothy R. Conway
Timothy R. Conway
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.
- Lisa R. Curcio
Lisa R. Curcio
Lisa R. Curcio is Senior Mediator and Arbitrator at ADR Systems in Chicago, where she focuses on the mediation and arbitration of construction law cases. Ms. Curcio spent 15 years as a chancery judge, presiding over mechanics liens, construction contracts, and construction defect cases. She is a member of the Society of Illinois Construction Attorneys and the American Bar Association’s Forum on Construction Law. Ms. Curcio received her JD from the Loyola University Chicago School of Law.
- Ryanne B. Dent
Ryanne B. Dent
Ryanne B. Dent is a Partner at Taft Stettinius & Hollister LLP in Chicago, where she focuses her practice on construction litigation and construction contracts. She is a member of the Society of Illinois Construction Attorneys, the American Bar Association’s Forum on Construction Law, and the Commercial Real Estate Women (CREW) Network, Chicago. She was a Judicial Extern for United States District Court Judge Ronald Guzman and Illinois Appellate Court Justice Mary K. Rochford. Ms. Dent received her BA magna cum laude from the University of Tampa and her JD summa cum laude from the University of Illinois Chicago School of Law as valedictorian.
- Jonathan D. Freilich
Jonathan D. Freilich
Jonathan D. Freilich is a Partner at Venable LLP in Chicago, where he focuses his practice on construction law. He is a member of the American and Chicago Bar Associations and the Society of Illinois Construction Attorneys. He has been recognized as a Rising Star by Illinois Super Lawyers and listed in Best Lawyers: Ones to Watch in America in Litigation — Construction. He received his BSE cum laude from the University of Michigan and his JD from Loyola University Chicago School of Law, where he was the recipient of the CALI Award for Legal Writing.
- Jeffrey L. Hamera
Jeffrey L. Hamera
Jeffrey L. Hamera is a Partner at Duane Morris LLP in Chicago, where he focuses his practice on construction law. He is a member of the Chicago Bar Association and acts as Cochair of the CBA Construction Law and Mechanics Lien Subcommittee and a past member of the CBA Nominating Committee. Mr. Hamera received his BS and MS in Civil Engineering from the University of Illinois at Urbana-Champaign and his JD cum laude from the Northwestern University Pritzker School of Law.
- Kevin L. Kolton
Kevin L. Kolton
Kevin L. Kolton is a Partner at Perkins Coie LLP in Chicago, where he focuses his practice on construction law, energy infrastructure, and clean energy. He is a member of the Society of Illinois Construction Attorneys and a Fellow of the Construction Lawyers Society of America. He has been named an Illinois Super Lawyer (2008 – present) and ranked by Chambers USA as one of America’s Leading Construction Lawyers. Mr. Kolton received his BS from the University of Illinois at Urbana-Champaign and his JD magna cum laude from South Texas College of Law Houston.
- Samuel H. Levine
Samuel H. Levine
Samuel H. Levine is Of Counsel to Downey & Lenkov LLC in Chicago with a focus on construction, real estate litigation, and loan enforcement and defense. He is a member of the Society of Illinois Construction Attorneys, the American College of Real Estate Lawyers, and the Illinois State Bar Association’s Commercial, Banking, Collections and Bankruptcy Section Council (Past Chair) and Construction Section Council (Past Chair and current Newsletter Editor). Mr. Levine received his BA from Washington University in St. Louis and his JD from the Chicago-Kent College of Law.
- Steven D. Mroczkowski
Steven D. Mroczkowski
Steven D. Mroczkowski is a Shareholder at Buchalter, PC, in Chicago, where he concentrates in construction law. He is a member of the Society of Illinois Construction Attorneys, member and Past Chair of the Illinois State Barn Association’s Construction Law Section Council, and a member of the Chicago Bar Association. He has been recognized by Super Lawyers as a Rising Star in Construction Litigation (2020 – 2025), Creditor Debtor Rights (2025), and Business Litigation (2025). He received his JD from the Chicago-Kent College of Law, where he was on the Dean’s List and received the Dean’s Distinguished Public Service Award.
- John S. Mrowiec
John S. Mrowiec
John S. Mrowiec is a General Partner at Conway & Mrowiec Attorneys LLLP in Chicago, where he focuses his practice on construction litigation and contracts. He has been named the Chicago Lawyer of the Year in Construction Law in 2014 and in Construction Litigation in 2019 and 2025 by Best Lawyers. Mr. Mrowiec received his BA cum laude from Northern Illinois University and his JD from DePaul University College of Law, where he served as the Lead Articles & Notes Editor for the DePaul Law Review.
- David F. Nightingale
David F. Nightingale
David F. Nightingale is a Partner as Much Shelist, PC, in Chicago, where he concentrates in construction law. He is a member and Past Chair of the Chicago Bar Association’s Real Property and Mechanics Liens Committee and has been recognized by Illinois Super Lawyers (2021 – 2025) and as an Up and Coming Lawyer in Construction — Illinois by Chambers USA (2025). Mr. Nightingale received his BA from the University of Michigan and his JD from DePaul University College of Law.
- Michael D. Pisano
Michael D. Pisano
Michael D. Pisano is a Partner at Taft Stettinius & Hollister LLP in Chicago, where he focuses on construction litigation and contracts. He is a member of the Society of Illinois Construction Attorneys, the Justinian Society of Lawyers, and the American Bar Association’s Forum on Construction Law. Mr. Pisano received his JD magna cum laude from the University of Illinois Chicago School of Law.
- T. Allon Renfro
T. Allon Renfro
T. Allon Renfro is a Partner at Swanson, Martin & Bell, LLP, in Chicago, where he focuses his practice on insurance coverage. He is a member of the Defense Research Institute’s Insurance Coverage Division. Mr. Renfro received his BA from the University of Kentucky and his JD from the Indiana University Maurer School of Law.
- Kenneth M. Roberts
Kenneth M. Roberts
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.
- Bryan E. Rogers
Bryan E. Rogers
Bryan E. Rogers is a Partner at Swanson, Martin & Bell, LLP, in Chicago, where he concentrates in general litigation, construction contracting and litigation, and commercial litigation. He is a member of the American Bar Association’s Forum on Construction Law and received a Presidential Citation from the Indiana State Bar Association. Mr. Rogers received his BA from the University of Arizona and his JD magna cum laude from the Valparaiso University School of Law, where he was recognized with the Distinguished Student Award from the Alumni Association and the ALI CLE Scholarship and Leadership Award from the American Law Institute.
- Heidi Hennig Rowe
Heidi Hennig Rowe
Heidi Hennig Rowe is a Partner at Venable LLP in Chicago, where she focuses her practice on construction law. She is a member of the Society of Illinois Construction Attorneys, Chambers USA ranked, and an Illinois Leading Lawyer. Ms. Rowe received her BA magna cum laude from Valparaiso University and her JD with high honors, Order of the Coif, from Chicago-Kent College of Law.
- Grecia M. Sáenz-Hamilton
Grecia M. Sáenz-Hamilton
Grecia M. Sáenz-Hamilton is an associate at Perkins Coie LLP in Chicago, where she focuses her practice on commercial disputes and transactions. She has been recognized as an Illinois Rising Star for Construction Litigation by Super Lawyers Magazine (2024 – 2025). Ms. Sáenz-Hamilton received her BS cum laude from the University of Texas Rio Grande Valley and her JD from the Loyola University Chicago School of Law.
- Eric L. Singer
Eric L. Singer
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.
- Anthony J. Smith
Anthony J. Smith
Anthony J. Smith is an associate at Ice Miller LLP in Chicago, where he focuses his practice on construction law. Mr. Smith received his BS with high distinction from Indiana University Bloomington and his JD from the Indiana University Robert H. McKinney School of Law, where he was a staff member of the Indiana International & Comparative Law Review and participated in the Robert H. Stanton Intramural Moot Court Competition.
- Keith M. St. Aubin
Keith M. St. Aubin
Keith M. St. Aubin is a Senior Associate at Duane Morris LLP in Chicago, where he focuses his practice on litigation. He is a member of the Chairman’s Advisory Council of the Big Shoulders Fund (2024 – present) and has been recognized by Super Lawyers as an Illinois Rising Star and by Best Lawyers as One to Watch (2023 – 2025). Mr. St. Aubin received his BA from Fordham University and his JD cum laude from the University of Illinois College of Law.
- Frank M. Swanson
Frank M. Swanson
Frank M. Swanson is an associate at Downey & Lenkov LLC in Chicago, where he concentrates his practice in commercial and liability defense litigation and construction litigation. He is a member of the Iowa State and Illinois State Bar Associations, the National Lawyers Guild, and the Chicago Bar Association, for which he serves as Cochair of the Construction Law & Mechanics Lien Subcommittee (2024 – present). Mr. Swanson received his BA from the University of Iowa and his JD from Drake University Law School.
- Martin D. Syvertsen
Martin D. Syvertsen
Martin D. Syvertsen is an attorney at Ryan, Ryan & Viglione in Waukegan, where he concentrates in personal injury and commercial litigation. He is a member of the Chicago Bar Association and the Chicago Inn of Court. Mr. Syvertsen received his BA from the College of the Holy Cross and his JD cum laude from the Loyola University Chicago School of Law.
- Adam C. Toosley
Adam C. Toosley
Adam C. Toosley is a Partner at Thompson Coburn LLP in Chicago, where he focuses his practice on business litigation. He has been recognized as a Leading Lawyer and a Super Lawyer in both Illinois and Michigan. Mr. Toosley received his BA from the University of Illinois at Urbana-Champaign and his JD from the University of Illinois College of Law.
Construction Law Disputes 2025 Edition
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