You design and build roads, homes, skyscrapers. You work with short deadlines and tight budgets. We understand. Our Construction and Design Practice Group represents owners, developers, general contractors, sub-contractors, architects, engineers, material suppliers and manufacturers, and title insurers in a wide variety of disputes and issues experienced in the construction industry. Our Construction and Design Law Group has both the knowledge and experience to construct efficient and effective cases before state and federal judges, juries, arbitrators and mediators.
Construction Claims: We defend and prosecute all types of claims on behalf of our construction industry clients including differing site conditions, warranties, changes, delay and acceleration claims, disruption and termination issues. We also represent clients on all types of payment and collection disputes in both the private and public sector, including claims under the Illinois Mechanics Lien Act, fixed-price and cost-plus contract disputes, and pay when/if paid issues.
Defective Specifications and Work: We represent architects and engineers charged with improper design specifications and defective work. Recently, we successfully defended a major design/builder charged with improperly designing and constructing the concrete floor and buried supports for a newspaper printing facility and an engineer in connection with a multi-million dollar property loss arising from the collapse of a floor designed and built more than 50 years ago.
Sick Building Cases/Indoor Air Quality/Building Material Claims: We have significant experience handling sick building cases ranging from toxic mold to improper asbestos abatement. Our attorneys have defended a primary EIFS manufacturer in the largest residential home case in the United States, an asbestos removal company charged with improper abatement from the Philadelphia Enquirer building, and a subcontractor charged with the improper installation of terrazzo floor leading to a multi-million dollar claim for removal and replacement.
Worker Injury Claims: The defense of personal injury claims is the hallmark of Swanson, Martin & Bell, LLP. We are frequently retained by self-insured construction companies and insurers to defend the most significant injury and death claims arising from allegedly unsafe construction site practices. We work closely with corporate risk management personnel, claims analysts and expert witnesses in the defense of these claims.
Bid Protests/Minority, Women’s, and Disadvantaged Business Enterprise Issues: Federal and state projects in Illinois have complicated subcontractor listing and MBE/WBE/DBE compliance requirements. Our attorneys can advise you on a wide assortment of bid protests and award disputes, as well as issues concerning the lowest responsive and responsible bidder.
Insurance and Surety Disputes: We can advise you in the selection of appropriate insurance coverages, including the use of OCIPs and CCIPs, development of strategies in connection with the tender of claims, understanding additional insured endorsements in light of the always evolving Illinois case law on the subject, and resolving coverage disputes. We can also provide counsel on the law of suretyship and fidelity, including the resolution of payment and performance bond claims.
Whistleblower/Fraud Claims: False Claims Act, qui tam and other whistleblower actions are frightening to contractors. Our attorneys can navigate you through allegations of violations of the False Claims Act and other federal and state civil laws, including defense of qui tam cases.
Architectural Works Copyright Protection Act (AWCPA): The passage of the AWCPA in 1990 has resulted in increased litigation involving the infringement of architectural works. We can advise design professionals, builders and homeowners concerning their rights and duties with respect to copyright infringement actions.
