AREAS OF PRACTICE

CONSTRUCTION

In today's fast paced, multi-track construction world, time is at a premium.

Our Construction team understands that and is prepared to offer prompt, valuable advice when construction is ongoing, experienced counsel in preparing and planning a construction project and vigorous dispute resolution arising after the project is completed.

Our construction litigation team consists of experienced attorneys who appreciate the inner workings of major building projects.

In addition to construction defect matters, our attorneys have defended suits involving catastrophic, personal injury, and wrongful death cases arising out of construction site injuries due to mechanical failures, crane collapses, scaffolding failures, and the innumerable other matters in which injuries or alleged injuries can occur on a construction site.

Our attorneys have represented owners, developers, contractors, engineers, architects, and subcontractors.

We advise clients on issues of liability, insurance coverage, duties, and obligations arising out of a contractual relationship. These issues can be resolved through a negotiation between the parties with our team acting as facilitators, arbitration and/or mediation or, when necessary trial.

We regularly represent an international construction and engineering firm in toxic tort litigation throughout Illinois and Missouri. That representation includes presentation of defenses specific to the construction industry, including construction statutes of repose, the engineering standard of care, and interpretation of contractual indemnification and insuring clauses. In addition to this litigation experience, we have also been retained by this client to provide risk management and safety investigation services related to ongoing construction activities in Illinois and Missouri.

The negotiation and preparation of the construction contract is extremely important. Our attorneys know the critical issues in construction contracts. They have experience in negotiating contracts for owners, contractors and subcontractors. We have handled all contracts for the construction of a very large manufacturing plant and continue to provide these services on a local and statewide basis.

Representative Clients

Bechtel Corporation

CNA Professional Liability Insurance Coverage

Core Construction

Johnston Contractors, Inc.

River City Construction Company

United Contractors Midwest

University of Illinois

XL Design Professionals

Significant Cases

  • Black v. Peoria Marine Construction Co., Inc. and N.E. Finch Co., Inc. Successfully defended in one-week trial ($75K verdict) construction contractor following construction accident in which 40-year-old plaintiff permanently disabled and made settlement demand of $1M.  
  • Pettie v. Williams Brothers Construction, Inc. 225 Ill. App. 3d 1009 (2d Dist. 1992) Refusal to enforce language in an indemnification agreement between a general contractor and the plaintiff's employer. The court's holding and analysis was later overturned by the Illinois Supreme Court in unrelated litigation.
  • United States of America for the use of Bowman Metal Deck, a division of ARMCO, Inc., and Bowman Met 94 CV 1214 A complex Miller Act case involving millions of dollars in construction delay claims arising from the construction of identical federal prisons in Pekin and Greenville, Illinois. The case was successfully resolved at mediation for our clients, the steel subcontractors at each site.
  • Mary L. Ubaudi v. William G. Humphrey, Rowe Construction Co., Division of R.A. Cullinan & Son, Inc., and Mazda Motor of America, Inc. Discovery and mediation involving severe post-motor vehicle accident injuries including fractured pelvis, bilateral fractured humeri, lung contusions and infection with coma, settled following lengthy discovery

Primary Contact

Mark McClenathan

Select AREA of PRACTICE