Client Services / Trial / Construction & Real Estate

Construction & Real Estate

When disputes arise out of construction projects or real estate transactions, our experience in conducting mediations, arbitrations and trials in these areas helps our clients efficiently and effectively resolve the disputes.  The clients we have assisted include developers, property owners, contractors, architects, engineers and sureties.  The disputes we have helped resolve range from claims that one of our engineering clients designed defective nuclear power plants, to a claim that one of our contractor clients caused the Chicago River Flood of 1992.

We have represented clients in disputes involving allegations that commercial buildings they sold contained asbestos.  Recently we defended one of our surety clients against a claim that it was obligated to renovate a major Chicago Loop landmark.  While we appreciate that each dispute is unique, our experience enables us to quickly identify the issues at the core of the dispute and to develop a strategy to deal with those issues.

Examples of the construction and real estate disputes we have recently handled include:

In the litigation arising out of the Chicago River Flood of 1992, we represented the dredging company which was accused of driving pilings through the river bed into the tunnels below, which allowed water to flood the tunnel system and prompted the evacuation of downtown Chicago.  Many class action lawsuits, opt-out suits and claims by the City of Chicago were filed against our client, with damages claims totaling tens of millions of dollars.  The U.S. Supreme Court ultimately agreed with our argument that all claims against our client had to be heard under admiralty law, which limited the liability of our client for money damages.

We represented a national engineering firm in disputes involving the design and construction of nuclear power plants, both in the United States and internationally.  These multi-million dollar disputes were successfully resolved through various means, including non-binding summary jury trials, arbitrations and trials.

We successfully defended a construction surety client against claims by a major insurance company that our client had to renovate a major Loop landmark because its insured did not complete that work.  We persuaded the American Arbitration Association (AAA) panel to not only deny the owner's claims, but also to require the owner to pay the attorneys' fees and costs of our client.

We persuaded a court to dismiss carbon monoxide poisoning claims brought against a developer client by a family, including four children, who alleged that they suffered psychological and physical injury due to long term exposure to carbon monoxide resulting from a furnace leak.  We successfully argued that their claims were time-barred, based on a little-used section of the statute of repose.

Representative Forums ~ Trial and Alternative Dispute Resolution:
Our construction and real estate lawyers are experienced in employing the gamut of dispute resolution techniques.  We are creative, and work to take the best approach for a given client's situation.  For example, we have conducted arbitrations, including AAA and private arbitrations; and also use mediation to reach resolution.  Frequently, non-binding, summary jury trials are a successful method of dispute resolution.  From the McCormick Place Annex in Chicago to a marshalling yard and banana dock in Guatemala, we have succeeded in using alternative dispute resolution techniques to the satisfaction of our clients.

Of course, we have handled trials of all sorts, including in many various state and federal venues, and claims against the government.  When trial or binding arbitration is called for, we are always at the ready to step in.

Contacts

Trial Client Services

McDermott Will & Emery

McDermott Will and Emery