Construction Law and Litigation
The well planned construction project requires many legal decisions beginning
with construction financing agreements, architectural contracts, the bidding and
estimating process through negotiating a construction contract, establishing a
change order procedure and documentation for extras to the resolution of
disputes.
When disputes occur before, during or after a project, having a well thought-out plan to resolve the claim can lead to prompt resolution and minimize the
expense. Construction delay and defect claims can wipe out profit margin – or
wipe out the contractor – so having an effective game plan as to how to document
disputes should they arise and selecting an appropriate forum to resolve a
dispute, whether through mediation, arbitration or litigation, is essential.
At the O’Leary Law Firm, John J. O’Leary has
extensive experience handling construction-related
matters covering the entire spectrum of construction
law. From negotiating contracts and securing
financing, to litigating complex construction
claims, John represents contractors, subcontractors,
architects, engineers, real estate developers,
property owners, commercial tenants, architects,
investors, and lenders in all aspects of commercial,
industrial, and residential construction projects.
He has extensive experience addressing a wide
variety of defect claims, including masonry, water
infiltration and mold. The combination of John’s
experience in construction litigation and counseling
and his detailed and thorough knowledge of the
latest laws, regulations and court decisions
affecting the construction industry, makes him a go-to lawyer in this area.
Counsel Provided:
- Litigation avoidance techniques
- Contract drafting and negotiation
- Modification of AIA and AGC contract forms
- Surety claims
- Mechanics lien actions
- Construction defect claims
- Construction delay claims
- Concealed site condition claims
- Construction cost disputes
- Mediation and alternative dispute resolution
(ADR)
Representative Matters:
- Represented general contractor on
construction litigation and mechanics lien
claims arising out of construction of midsize
hotels.
- Represent small to midsize general
contractors and subcontractors on construction
disputes and mechanics lien cases complicated by
the lack of adequate written contract or any
written contract at all. Representation includes
providing a clear enforceable written agreement
for use on the client’s future projects.
- Represented general contractor on contract
claims arising from build out of conversion of
warehouse space to office space for Fortune 500
corporation.
- Successfully represented out of state
subcontractor in multimillion dollar mechanics
lien claim on Illinois oil refinery project
covering multiple land parcels straddling two
Illinois county recording entities.
- Representation of national fire suppression
system installation company on construction
disputes arising in Illinois
