Construction Litigation
Vedder Price's litigators have extensive experience representing contractors, subcontractors, building owners and architects in a wide variety of matters, including drafting of contracts and counseling on litigation avoidance. They also provide representation in federal and state courts as well as alternative dispute resolution forums in connection with litigation or claims arising out of the construction process, including breach of contract claims and mechanics lien claims.
The following is a brief listing of various representative litigation cases and negotiation and counseling matters that we have handled on behalf of clients in the last several years and constitutes a general summary of the firm's expertise in construction law matters.
Bright/Markaty Joint Venture v. County of DuPage, Patrick and Burke Engineering
Vedder Price represented the Joint Venture in its breach of contract actions against the County related to the construction of the DuPage County Reservoir, which was successfully settled. The firm continues to represent the Joint Venture in its claims for fraud against the engineering firms arising out of their failure to disclose critical site investigation information to the project bidders.
Castro-Buchel Architects v. Heard & Associates
Vedder Price handled this arbitration before the American Arbitration Association on behalf of Heard & Associates, an architectural firm, concerning alleged errors and omissions in the preparation of architectural drawings and specifications on a large Chicago project.
City of Chicago Tax Liens
On behalf of the City of Chicago, Vedder Price brought tax forfeiture suits on 300 City parcels and handled in excess of 1,200 cases for the Nature Conservatory.
General Railway Signal Corp. v. Chicago Transit Authority
Vedder Price represented the CTA before the Federal District Court in Chicago in this multimillion dollar delay and liquidated damage claim lawsuit arising out of construction of the Howard Line. We successfully settled the matter resulting in G.R.S.' agreement to even complete its outstanding work on the project.
Glenn H. Johnson Construction Company v. School District #15
Vedder Price represented the District in this construction litigation case in Cook County Circuit Court concerning alleged breaches of contract by the general contractor for the removal and disposal of contaminated soil at one of the District facilities. During this case, the firm successfully argued an appeal to the First District Appellate Court resulting in an oft-cited opinion affirming the District's refusal to arbitrate the dispute.
J.P. Benbow Plumbing & Heating Co., Inc. v. Macomb School District, et al.
Vedder Price represented the School District in its breach of contract and architectural errors and omissions claims against the architectural firm and mechanical contractor relating to the design and installation of a defective HVAC system at the high school, which case was successfully settled after mediation.
J&W Trenching Company, Inc., et al. v. S.K. Associates, Inc., et al.
Vedder Price represented the owners in their mechanics' lien, breach of contract and fraud actions against the general contractor and numerous subcontractors and successfully conducted a six-week trial of the dispute.
In re Lefkas General Partners, Ltd. (Sakura Bank)
Vedder Price defended the Bank through Ticor Title's indemnity of the same related to numerous mechanics' lien cases in this bankruptcy pending before the United States Bankruptcy Court. The firm also defended the Bank in the Circuit Court of Cook County regarding other mechanic's lien actions and ultimately settled all outstanding claims.
Moseman Construction Company v. Shappert Engineering Company
This was a complex litigation pending in the U.S. District Court for the Central District of Illinois. It arose out of a major bridge project over the Illinois River in Scott and Pike Counties. Vedder Price represented Shappert Engineering Company, which was the general contractor for the Illinois Department of Transportation (IDOT). The litigation involved complicated construction liability and damage issues, including claims by the major subcontractor, Moseman, for more than $15 million, as well as related litigation with other subcontractors and suppliers pending in other federal and state courts and a Court of Claims action against IDOT. The major portion of this case was settled through a mediation process, on terms very favorable to our client.
North Shore Supply Company, Inc. v. Blinderman-Meccor Joint Venture and The Chicago Transit Authority
Vedder Price represented the Chicago Transit Authority (CTA) in connection with lawsuits brought against it by North Shore Supply Company, Inc. and Blinderman-Meccor Joint Venture (BMJV) arising out of two contracts entered into between the CTA and BMJV which agreements required BMJV to perform various kinds of construction work on one of the CTA's elevated commuter train lines and the CTA's corresponding claims for contribution against its designers, Skidmore Owings & Merrill and Baker Engineering. BMJV was the general contractor for these projects and North Shore Supply Company, Inc. was one of many subcontractors. North Shore Supply Company filed a complaint for foreclosure and other relief, and BMJV and the CTA filed counterclaims for breach of contract and liquidated damages, respectively. The case was successfully settled after extensive discovery and pretrial proceedings.
Roberts, et al. v. Reynolds Metals Company
Reynolds Metals Company retained an outside contractor to excavate a foundation at its then McCook plant for the construction of an aluminum-lithium furnace, which is used in the aluminum casting process. During the construction, two carpenters died and three other persons were allegedly seriously injured as a result of a work site accident. The litigation that has ensued was a consolidated matter of five cases and resulted in more than 50 witness depositions and nearly 20 expert depositions. The plaintiffs' claims involved Occupational Health and Safety regulations regarding Process Safety Management, confined spaces in the workplace and on a construction site, excavation regulations and other industry standards. The litigation also involved contractual disputes regarding obligations to purchase insurance, claimed contractual limitations on liability and insurance coverage issues. Vedder Price handled all aspects of this litigation, as well as the related insurance coverage dispute.
South Shore Kosher Rest Home v. Paul H. Schwendener and Dahlquist Architects
The firm represented the Rest Home in an arbitration against the project designer, Dahlquist, in its errors and omissions and breach of contract claims. This case was ultimately settled by payment by Dahlquist's carriers, Frontier Insurance, in the liquidation of Dahlquist. Vedder Price also successfully prosecuted the Rest Home's claims for breach of contract and defense of Schwendener's mechanic's lien counterclaim. The case was settled at trial, before opening statements, resulting in Schwendener releasing its lien and completing certain remedial work.
State Farm Mutual Automobile Insurance Company v. George Hyman Construction Co., et al.
Vedder Price represented a large mechanical contractor and its surety, U.S.F. & G., in the contractor's mechanics' lien and delay damages claims against Hyman and State Farm arising out of the construction of State Farm's new corporate south complex in Bloomington, Illinois. The claims involved over $40 million in damages, and Vedder Price successfully tried the case resulting in a large delay damage claim being paid to our client.
Stratton & Company v. Sky Chefs
Vedder Price represented the construction manager, general contractor, in this four-week construction arbitration before the American Arbitration Association involving the construction and design of flight kitchens at O'Hare International Airport.
Terminal 5 at O'Hare International Airport
Vedder Price recently participated in successfully settling litigation against one of the three largest architectural firms in Chicago brought by the City involving $92 million in claims for errors and omissions.
Urban D.C. v. Fisher Development
Vedder Price successfully arbitrated this construction dispute before the San Francisco AAA offices arising out of the construction of the New York Avenue of the Americas GAP store. The contractor, Fisher Development, whom we represented, was also awarded its attorneys' fees related to the defense of the claim.
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