Construction

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Williams Montgomery & John Ltd. has a history of defending clients in high-stakes litigation arising from construction projects.

The firm has represented general contractors, engineers, architects, owners, subcontractors and consultants in complex commercial lawsuits involving claims for construction defects, negligent design and delayed completion. Our attorneys have tried cases in the courts and before arbitration panels arising out of the construction of office buildings, power plants, distribution facilities, warehouses, restaurants and public works projects.

In a significant case for the construction industry, the firm won $8.6 million for defendant Turner Construction in a breach of contract lawsuit arising out of the construction of Two Prudential Plaza in Chicago. Plaintiff sought $37 million in delay and remedial damages. This case was selected by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States. More recently, the firm achieved a verdict of "not guilty" for client Siemens Westinghouse Power in the arbitration of construction claims brought by Athens Generating seeking tens of millions of dollars in delays and liquidated damages.

Williams Montgomery & John also has extensive experience in disputes arising from construction worksite accidents involving catastrophic injury and death. Our attorneys have defended owners, general contractors, subcontractors and insurers in dozens of large-scale accident cases involving claims of negligence, defective design, unsafe construction practices and failure to provide a safe worksite. As an example, our attorneys represented an insurer client in lawsuits alleging defective design that arose out of the skywalk collapse at the Hyatt Hotel in Kansas City, Mo., that caused multiple deaths and injuries.

Construction cases often involve complex facts, abstract terminology, and potentially confusing architectural and engineering concepts. Our attorneys understand the importance of simplifying this information for juries by utilizing models, charts, photos and, when appropriate, computer animations, to provide a visual demonstration of our client's case at trial or arbitration.

Our goal is to obtain the best results for the client in a cost-effective manner. We efficiently manage the flood of documents generated by construction projects without the use of excessive discovery that can drain valuable resources and impede the effective preparation of a case for trial. We work to minimize litigation disruption through planning, preparation and experience.

Williams Montgomery & John's construction practice is led by David Stevenson, managing partner of the firm. Mr. Stevenson focuses his practice on commercial contract disputes, construction defect claims and complex insurance claims. He has been selected by his peers for inclusion in Illinois Leading Lawyers for commercial litigation and insurance law. 

For more information about the firm's construction practice, please contact Mr. Stevenson at 312.443.3234 or des@willmont.com.





Representative Matters

  • An Engineering Firm v. Siemens Westinghouse Electric Corporation and Mitsui Babcock Energy Limited

    American Arbitration Association, New York
    Obtained reasonable settlement after arbitration of claims against Siemens Westinghouse involving power plants in China. Plaintiff alleged economic coercion and sought to void contract.

  • Bechtel Power Corp., et al. v. Athens Generating Corp., et al. v. Siemens Westinghouse Power Corp.
    Arbitration in Washington, D.C.
    Achieved verdict of "not guilty" for Siemens Westinghouse Power in arbitration of construction claims involving equipment supplied by Siemens to a power plant owned by Athens Generating. Plaintiff sought tens of millions of dollars in liquidated and other damages for alleged delays.
  • Bedolla v. RES Environmental
    Circuit Court of Cook County, Ill.
    Obtained reasonable settlement of third-party breach of contract claim against spray insulator company brought by general contractor arising from construction project. Plaintiff claimed failure to provide insurance coverage, with underlying personal injury claim concerning one-story fall through hole at construction site.
  • Bier v. Walsh Construction Co., et al.
    Circuit Court of Cook County, Ill.
    Obtained reasonable settlement in personal injury lawsuit against electrical subcontractor arising from build-out of office space in downtown Chicago. Plaintiff alleged serious personal injuries sustained while working at project.
  • City of Chicago v. Werner Sobek
    Circuit Court of Cook County, Ill.
    Obtained dismissal of commercial lawsuit against structural engineering firm Werner Sobek arising from renovation of the domestic terminals at O'Hare Airport. Plaintiff alleged breach of contract and negligent misrepresentation and sought millions in damages for remediation of faulty welds.
  • Cooling Tower Collapse
    West Virginia State Court
    Obtained reasonable settlements on behalf of insurer of construction engineer Research-Cottrell in wrongful death lawsuits arising from collapse of nuclear reactor cooling tower that was under construction.
  • Haney v. Dywidag Systems International, USA, et al.
    Circuit Court of Cook County, Ill.
    Obtained summary judgment for jack manufacturer in lawsuit brought by worker on construction project. Plaintiff alleged jack supplied by defendant detached from cable and struck him, causing serious personal injuries.
  • Hyatt Hotel Skywalk Collapse
    Circuit Court of Jackson County, Mo., and U.S. District Court, Western District of Missouri
    Settled personal injury and wrongful death lawsuits on behalf of insurer arising from collapse of skywalk at Kansas City, Mo., Hyatt Hotel. Plaintiffs alleged defective design resulted in skywalk collapse.
  • Jones v. Mid States Concrete Products Co., et al. and Beemsterboer v. Joseph J. Duffy, et al.
    Circuit Court of Cook County, Ill.
    Obtained reasonable settlement of two lawsuits against steel erection contractor arising from construction of new senior housing facility. Plaintiffs alleged debris that fell during partial collapse of structure caused death of two workers at the project.
  • Mellon Stuart Construction, Inc. v. Metropolitan Water Reclamation District of Greater Chicago
    U.S. District Court, Northern District of Illinois
    Favorably settled lawsuit against owner arising from construction of $50 million office, shop and warehouse building. Plaintiff contractor and subcontractor claimed delay damages and escalation costs.
  • Prudential Plaza Associates v. Turner Construction Company
    Circuit Court of Cook County, Ill.
    Won $9 million breach of contract and promissory fraud counterclaim for Turner Construction in lawsuit arising from construction of Two Prudential Plaza. Plaintiff originally sought $37 million in delay and remedial damages. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.
  • Rytie v. Martin Peterson Company, Inc., et al.
    Circuit Court of Cook County, Ill.
    Obtained reasonable settlement of personal injury lawsuit against plumbing subcontractor arising from construction of multi-story, multi-structure addition to local college. Plaintiff alleged serious personal injuries sustained while working at project.
  • Sears Roebuck and Co. v. Duke-Weeks Realty Limited Partnership, et al.
    Circuit Court of Will County, Ill.
    Obtained reasonable settlement in lawsuit against insurer Allianz Life arising from roof collapse at major commercial warehouse where Sears was a tenant. Plaintiff alleged faulty construction and design and failure to maintain, and sought damages in excess of $12 million against Allianz and numerous contractors.
  • Shervino v. Ragnar Benson, Inc.
    Circuit Court of Cook County, Ill.
    Favorably resolved lawsuit against contractor arising from construction of a church. Plaintiff alleged serious personal injuries resulting from fall down two-story stairwell at construction site.
  • Siemens Westinghouse Power Corp. v. The Shaw Group, Inc. and Stone & Webster, Inc.
    U.S. District Court, Central District of Illinois, Rock Island Division
    Won summary judgment for Siemens Westinghouse in commercial lawsuit arising from construction of power plant. Plaintiff alleged delay in delivering a turbine and sought $7 million in liquidated damages.