Editorial: Construction in Illinois
01 July 2008
The construction industry continues to provide high levels of work for lawyers in Illinois, both in relation to ongoing projects and an increasing number of disputes. In this chapter we identify 29 lawyers with expertise in representing the full spectrum of clients, including owners, contractors, subcontractors, architects and design professionals, in both contentious and non-contentious matters.
Two firms stand out in the research with four nominees apiece. Ty Laurie chairs DLA Piper's US construction group and is regarded as "one of the best lawyers in the country, let alone the state". Chair of the American Bar Association Forum on the Construction Industry in 2006 and 2007, he is involved in a multi-building development at Ground Zero in Manhattan to replace the World Trade Center, as well as the Chicago Spire development, which is projected to become the tallest building in the Western hemisphere and the tallest all-residential building worldwide. Described as an "absolute star", he was praised for his counsel to all types of client across the full gamut of issues, including project delivery methods, design and construction agreements and dispute avoidance and resolution. Alongside him is the chair of the transactional side of the firm's construction group, Ross Altman. Known to be "extensively involved in the industry internationally", he is "an expert" in the structuring, financing and administration of construction projects worldwide and was also commended for his bankruptcy practice.
Daniel Brennan once again appears at the highest levels of the research, commended for his "profound knowledge" of risk management at all stages of the construction process, as well as for his prosecution and defence of claims in this area. Eric Berg completes the quartet, and is said to be an "extremely sophisticated lawyer" with a "very fine reputation". Commended for his proficiency in both dispute resolution and transactional matters, he has created standard agreements for a national developer of over US$2 billion in residential construction projects, as well as establishing master construction contracts for a major international technology company.
All three name partners from Stein Ray & Harris LLP appear in the following pages, along with one further colleague. Steven Stein is regarded as the "toughest construction litigator in the city", and is an "outstanding lawyer" in the eyes of his clients and peers. A former board member of the American College of Construction Lawyers, his arbitration-related work is "absolutely first-rate" and he was also lauded for his contract negotiation skills; he was involved in the negotiation of a contract for an LNG facility in Peru with a contract value of US$1.7 billion. Stephen Ray possesses a "brilliant legal mind" and was repeatedly recognised for his work on construction and design disputes. He was involved in the defence of a US$40 million claim against an engineering firm relating to production output guarantees, project delays and consequential damages. Robert Harris is regarded by one respondent as the "top trial lawyer in the state" and has represented the full range of industry clients in environmental exposure, building defect and delay claims. The "perennially impressive" Jeffrey Winick cements his place from the last edition. Described as "one of the best in town", he was praised for his work on behalf of owners and contractors in litigation, mediation and other ADR methods.
Schiff Hardin LLP can call on the services of several leading individuals in this chapter. Mark Friedlander is an "outstanding talent" with a "highly impressive and thoroughly deserved reputation". The immediate past president of the Society of Illinois Construction Attorneys, he has represented practically all participants in the industry at some stage in his career. Alongside him is Paul Lurie, who is said to have "helped define the construction Bar in Illinois". He is recognised in our construction and arbitration chapters for his expertise, and was also picked out for his mediation experience. A fellow and former member of the board of governors of the American College of Construction Lawyers, he has counselled owners, developers, design and construction firms for more than 40 years and was repeatedly identified as a "dean of the Bar". Kenneth Roberts has "really come into his own in recent years", and picked up votes from our sources across the globe. Recognised for his contract and insurance-related expertise, he was also singled out for his mediation work; he has been involved in more than 20 high-profile cases representing more than US$1 billion in disputes.
Stanley Sklar of Bell Boyd & Lloyd LLC also appears in both the arbitration and construction chapters, and is viewed as a "legendary figure within the industry". A former president of the American College of Construction Lawyers, he also received the Cornerstone Award for Lifetime Achievement in the field of construction law from the ABA's Forum on the Construction Industry. His colleague Gregory Hummel was commended for his "top-drawer" finance work, especially relating to public-private partnerships.
The name partners of boutique firm Conway & Mrowiec once again appear in our listings. Timothy Conway is "hard to beat for contractor work" - he prosecuted a priority claim on behalf of an international EPC contractor and a multi-million claim for a trade contractor regarding a concert pavilion. John Mrowiec's construction, design, build and trade contract drafting is "of the very highest quality", and he is equally highly regarded for his dispute resolution abilities.
In a similar fashion, both name partners of Lyman & Nielsen secure a place in this chapter. William Lyman is regarded as an "éminence grise" with a "profound depth of knowledge in this field". A former president of the Society of Illinois Construction Attorneys, he is recognised for trying cases in a range of fields including mechanics lien, surety bond, professional liability defence and general construction matters, as well as for his arbitration and mediation practice. Jennifer Nielsen is "vastly knowledgeable" and "top-notch" for litigation and transactional work. She is on the governing committee for the ABA Forum on the Construction Industry, as well as being secretary to the Society of Illinois Construction Attorneys, and is "certainly to be considered among the top-tier lawyers in Illinois".
Formerly head of the Chicago office's construction practice group at Jenkens & Gilchrist LLP, Charles Lewis now practises at Duane Morris LLP and maintains a "truly superb reputation". His disputes practice "stands comparison with anyone"; he is an arbitrator and mediator for the American Arbitration Association, among other organisations, and has acted as a mediator in over 300 construction disputes in addition to a "hugely impressive body of courtroom work".
Kevin Sido at Hinshaw & Culbertson LLP appears for the first time in this edition, and was repeatedly singled out for praise for his disputes practice. His "impressively broad knowledge base" encompasses general construction work, as well as insurance coverage and product liability matters. With a further background in mediation and as an AAA construction arbitrator, he is a "very fine practitioner and a suitable inclusion in a list of the best".
Alexandra Cole of Perkins Coie LLP has a highly rated international practice, and is a "leading authority" on real estate matters and the hotel and leisure industry; she has worked on projects such as the Park Hyatt Australia, the Illinois Center and Chicago Mercantile Exchange.
Lorence Slutzky of Robbins Schwartz Nicholas Lifton & Taylor Ltd was highly praised in the research once again. Locally renowned as founder and president of the Society of Illinois Construction Lawyers, he is also an adjunct professor at John Marshall Law School and "one of the leading legal minds in the field". Fêted for his contract negotiation and litigation skills, he is also an AAA arbitrator.
Douglas Palandech is a founding partner of Foran Glennon Palandech & Ponzi PC and a "very, very good lawyer". Lauded for his work on behalf of architects, design professionals, engineers and surveyors, he was commended for his expertise in professional liability cases in particular. Werner Sabo at Sabo & Zahn is another individual who was highlighted for work on behalf of architects. A licensed architect himself, this "fantastic lawyer" is also a recognised construction arbitrator and mediator for the AAA.
Randolph Ruff of Ogletree Deakins Nash Smoak & Stewart PC is "very well respected", a "senior guy in the field" and "worthy of the many accolades he receives". His work on behalf of contractors throughout the construction process was held in high regard, and he is experienced in federal and state litigation as well as mediation and arbitration.
Richard Pearse at Vedder Price PC stands out for the "breadth and quality of his international practice", and his infrastructure development and finance work was noted, particularly in relation to power plants and the energy sector.
Cornelius Riordan from Riordan Donnelly Lipinski & McKee Ltd is the second new entry in this year's edition. The "leading surety lawyer in the state" in the eyes of our interviewees, he successfully represented a performance bond surety in a claim exceeding US$3 million, arising out of the failure of the construction of a municipal refuse incinerator in Wisconsin. His transactional experience in this sector was also positively commented upon.
The research reveals no shortage of estimable practitioners across a further range of firms. Bruce Schoumacher of Querrey & Harrow Ltd was described as an "icon" by one of the interviewees we spoke to. He is a "very sharp litigator" and current secretary of the Society of Illinois Construction Attorneys.
Indianapolis law firm Ice Miller LLP gained a presence in Illinois when it opened an office in DuPage County in early 2007, with attorneys from the Lisle, Illinois, office of Wildman Harrold joining the new office. Among them was Eric Singer, who once again appears as a "pre-eminent specialist" in the defence of professional errors and omissions claims against architects and engineers and negligent certification or verification of work by design professionals.
Clifford Shapiro is another nominee to have changed firms since the last edition. Formerly of Sachnoff & Weaver, he is now chairperson of the Barnes & Thornburg LLP construction law practice group. A "major player", he currently represents Walsh Construction Company in litigation involving 18 parties and several million dollars, and he also negotiated a US$250 million construction contract on behalf of Centrum Properties for a large mixed use project in the South Loop area of Chicago. His insurance coverage litigation practice also drew admiring comments.
