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 lenders 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, shopping centers, 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.

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.

For more information about the firm's construction practice, please contact Mr. Montgomery at 312.443.3242 or cbm@willmont.com.

 


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Representative Matters

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

    American Arbitration Association, New York (2000)
    Successfully resolved lawsuit against client Siemens Westinghouse alleging economic coercion and seeking to void a contract involving power plants in China. After six-month arbitration, settled damages issues on confidential basis.

  • Bechtel Power Corp., et al. v. Athens Generating Corp., et al. v. Siemens Westinghouse Power Corp.

    Arbitration in Washington, D.C. (2009)
    Achieved verdict of "not guilty" for client Siemens Westinghouse Power in arbitration of construction claims brought by Athens Generating seeking tens of millions of dollars in delays and liquidated damages. Siemens supplied combustion turbine generators and other equipment to a power plant in New York owned by Athens. When delays derailed the construction schedule, the general contractor, Bechtel, sued Athens for liquidated and other damages. Athens sought contribution or indemnity from Siemens. After a hearing spanning periods over more than three years, the arbitration panel found that Athens was entitled to no relief from Siemens by way of contribution, indemnity or otherwise.

  • 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. Murphy Jahn

    Circuit Court of Cook County, Ill.
    Obtained dismissal of breach of contract and negligent representation claims against structural engineering firm Werner Sobek, which was engaged by the City of Chicago to develop structural steel plans and specifications for the renovation of the domestic terminals at O'Hare Airport. The City sought several million dollars in damages from the defendant for full scale 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 defendant Turner Construction. Plaintiff originally sought $37 million in delay and remedial damages arising out of the construction of Two Prudential Plaza. (Selected 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.
    Settled multimillion-dollar lawsuit brought against owner by tenant involving a large midwest distribution warehouse used by Sears. Tenant alleged roof collapse was caused by faulty construction, design and failure to maintain.  Settlement obtained from contractor and subcontractors, resulting in no payment by client owner.

  • 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, defeating $7 million claim for liquidated damages based on the alleged delay in delivering a turbine to a power plant in Cordova, Ill.