Harold McKee

Harry McKee is a litigation partner whose practice revolves around construction, surety and bankruptcy law.  Harry has been engaged by his clients in many cases and assignments across the country and has tried numerous cases to verdict in state, federal district and bankruptcy courts.  While he relishes the opportunity to bring his cases to trial, Harry also enjoys working closely with his clients as they manage and negotiate matters outside of the courtroom in an effort to bring a resolution in assignments involving public and private construction projects.

  • Areas of Practice -
  • Harry provides a variety of legal services including:

    • Litigation and claims management services involving construction contracts, mechanic’s liens,  performance bonds, payment bonds, bid bonds, other statutory bonds, and miscellaneous commercial bond forms throughout the country,
    • Substantial experience in bankruptcy courts on behalf of secured and unsecured creditors,
    • Preparing and negotiating default and termination agreements and workouts, principal financing arrangements, securitization of debt, and real estate and asset transfers.
  • Achievements+
  • Among other professional successes, Harry has had the privilege to act as lead counsel in the following assignments on behalf of his clients:

    • Acted as lead counsel and national coordinating counsel for a surety client involving a national contractor’s cessation of business during construction of over two dozen big box retail stores, governmental facilities and private projects.  Harry negotiated takeover and tender agreements, directly handled dozens of lawsuits brought by subcontractors and suppliers in the Midwest, and directed the defense of dozens of other suits in Pennsylvania and Virginia
    • Acted as lead counsel for a surety client involving a large regional contractor’s filing of bankruptcy during its construction of multi-million dollar construction projects for various hospitals, schools and professional sports teams.  Harry negotiated takeover and tender agreements, represented his client’s interests in multiple bankruptcy cases, negotiated and resolved dozens of mechanic’s lien and payment bonds claims, and asserted the surety client’s rights against the individual indemnitors.
    • Acted as lead trial counsel for another surety client in a Bankruptcy Adversary proceeding, which was affirmed after two successive appeals, reaffirming Illinois’ Construction Trust Fund law.
  • Thought Leadership+
  • Speaker, Society of Illinois Construction Attorneys, Current Development in Federal False Claims Act Litigation (January 2017)

    Speaker/Panelist and Co-Author, ABA Fidelity & Surety Law Committee Annual Meeting, Highways and Pavement (January 2016)

    Speaker/Panelist – ABA Fidelity & Surety Law Committee Spring Meeting, A Mess In The Paddock: Environmental Issues For Surety Claims (May 2014)

    Speaker/Panelist - American Conference Institute, 2012 LITIGATING CONTRACT SURETY BOND AND FIDELITY INSURANCE CLAIMS, Negotiating, Drafting and Implementing Effective Tender, Takeover and Completion Agreements for the Performance Bond Surety: from Initial Notice of Default to Project Completion (October 2012)

    Program Chair, Defense Research Institute Fidelity & Surety Committee 2009 Annual Roundtable (May 2009)

    Speaker/Panelist - ABA Fidelity & Surety Law Committee Annual Meeting, Federal and State Regulatory Structures for Public-Private Partnerships (January 2009)

    Contributing Author, The Law of Probate Bonds (2d Ed.), The Prudent Investor Rule and Exposure of the Probate Surety (ABA 2014)

    Contributing Author, The Law of Motor Vehicle Dealer Bonds, State-By-State Analysis, Illinois and Wisconsin (ABA 2006)

    Contributing Author, Contractor’s State License Bonds Desk Reference, Illinois and Wisconsin, (ABA 2006)

    Contributing Author, The Surety’s Indemnity Agreement, Bankruptcy Issues (ABA 2002)

    Contributing Author, The Law of Probate Bonds (ABA 2001)

  • Education +

    The John Marshall Law School, Chicago, IL

    Juris Doctor, June 1987


    Saint Louis University, St. Louis, MO

    B.S.B.A., May 1982

  • Bar & Court Admissions +

    Illinois State Bar

    United States Court of Federal Claims

    United States District Court, Northern District, Illinois (Member, Trial Bar)

    United States Court of Appeals, Seventh Circuit

    United States District Court, Northern District of Indiana

    United States District Court, Eastern and Western Districts of Wisconsin

  • Experience +

    2017 - Present   Schuyler Roche & Crisham, P.C.

    2000 - 2017       Riordan McKee & Piper, LLC
    1997 - 2000       Associate Attorney

    1993 - 1997      Sedgwick, Detert, Moran & Arnold
                              Associate Attorney

    1991 - 1993      McNella & Griffin, Ltd.
                             Associate Attorney

    1987 - 1991      Cook County State's Attorney
                             Assistant State's Attorney,
                             Civil Actions Bureau

  • Peer Recognition +

    Martindale-Hubbell, AV® Preeminent™ peer review rated for ethical standards and legal ability


    Illinois Super Lawyer, 2012-18 (Construction, Bankruptcy and Surety Law)

  • Professional Memberships +

    American Bar Association – Member; Forum on Construction Industry and Fidelity and Surety Law Committee; Served as Vice Chair of the Fidelity and Surety Law Committee, 2002-04 

    Defense Research Institute – Member; Served as Chair (2014-16) and Vice Chair (2012-2014) of the Fidelity and Surety Committee

    Society of Illinois Construction Attorneys

    Fenwick Bar Association

  • Civic Affiliations +