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Justin L. Weisberg

Justin L. Weisberg

Partner

(312) 565-1018

Justin Weisberg is a partner focusing on construction law and commercial litigation. Mr. Weisberg represents private, public, local, and international clients in a variety of construction-related transactions and litigation matters. Mr. Weisberg has a background in professional engineering, giving him added insight and understanding into his client’s cases.

His legal experience has included contract negotiation and drafting of design, design build, IPD, P3 and construction contracts as well as mediation, arbitration and litigation including both bench and jury trials of numerous disputes involving design, construction and insurance coverage matters. 

His prior work as a registered professional engineer in both Illinois and Florida allows him to utilize his previous engineering experience in his law practice to provide ongoing project counseling to clients.  Mr. Weisberg has been an ASCE delegate on EJCDC for 14 years and he is a past chair of EJCDC, and was the chair of the Task Force that developed the EJCDC P3 Contract Form.  He is also Construction Section Counsel to the ISBA, a member of the ABA Construction Forum, a member of the Illinois Society of Construction Attorneys and a member of the NCDRC Executive Committee.  He has experience involving numerous projects including office, commercial, and residential buildings; nuclear and coal fired power plants; manufacturing facilities, laboratories, water distribution systems, waste water treatment facilities, schools, libraries, stadiums, exposition centers, governmental facilities, roads, bridges, transit stations, refineries, solar energy facilities, LNG facilities, ethanol plants and single family residences.

  • Areas of Practice -
  • Achievements+
    • Named honorary fellow at the Center for Legal Studies in Salzburg, Austria, 2002.
    • Named Illinois Leading Lawyer in construction law by the Leading Lawyer Network, 2006 and 2011–2017.
    • Named an Illinois Super Lawyer by Law and Politics magazine for construction litigation, 2006 and 2012–2017.
    • Martindale-Hubbell Peer Review AV Rated attorney.
  • Thought Leadership+
  • Publications:

    • “Dispelling the Myths of Lien Construction and IPD,” Substance, Illinois Mechanical and Specialty Contractors Association, December 2016 issue.
    • “Working with Experts/Consultants,” Illinois Institute of Continuing Legal Education (IICLE) Construction Dispute Litigation, Chapter 14, 2013.
    • “Negotiating Construction Contracts,” Illinois Institute for Continuing Legal Education’s (IICLE) Construction Law: Transactional Considerations, 2010, Updated 2017.
    • “Claims Handling and Dispute Resolution” and “Consolidation and Joinder,” American Bar Association’s The Construction Contracts Book (second edition), 2008.
    • “Licensing Requirements” and “Public Construction,” Illinois Construction Law Manual – Illinois Practice Series Vol. 24, West Publishing, 2007, Updated 2016.
    • “The Use of Experts in Construction Litigation – Parts 1 and 2," Construct!, Vol. 15, Nos. 4 and 5, The American Bar Association, Section of Litigation, Summer and Fall, 2006.
    • “Keeping Your Complex Construction Case Under Control,” Construct!, Vol. 14, No. 2, The American Bar Association, Section of Litigation, Winter 2005.
    • “Between A Rock and A Hard Place: Balancing the Interests of The Principal and Obligee,”
      Construct!, Vol. 14, No. 1, The American Bar Association Section of Litigation, Fall 2004.
    • “Securing United States Assets on Multinational Projects,” International Project Finance, edited by Fiona Scott and Claus Peter Matins, Transnational Publishers, 2000.
    • “Professional Standards For The Geotechnical Engineer, A legal Perspective Geo-Engineering for Underground Facilities,” edited by Gabriel Fernandez and Robert A. Bauer, ASCE, 1999.
    • “Managing Risk: An Environmental Engineering Perspective,” Proceedings of the National Conference of Environmental Engineers, 1998.

    “Knowing the Risks When Embarking on an International Venture,” Proceedings of Construction Congress V of the American Society of Civil Engineers, 1997

  • Education +

    J.D., Chicago Kent College of Law, 1992

    B.S.E., University of Illinois, 1987

  • Bar & Court Admissions +

    Illinois

    U.S. District Court for the Northern District of Illinois

    Supreme Court of the United States

     

  • Experience +
    • Representation of mechanical contractor in matter against insurance carrier seeking indemnity reimbursement of remediation costs and damages from ruptured piping and resulting water damage in litigation and a two week jury trial resulting in a verdict of approximately $2.5 million dollars on behalf of mechanical contractor.
    • Representation of contractor in extended arbitration hearing over a two-week period involving claims concerning installation of over 17 miles of piping.
    • Representation of developer in extended arbitration hearing over a two-week period in defense of claims by consultant.
    • Representation of owner in litigation and a five week jury trial in dispute with terminated contractor relative to contract disputes and associated claims.
    • Representation of contractor relative to multi-million dollar claim by owner claiming defects in construction of waste water treatment facilities.
    • Legal review and advice on contract documents including the draft general contract, general conditions, and technical specifications for $1+ billion, 93-story condominium and retail project in Chicago.
    • Negotiate and prepare construction contract for 2.5 mile roadway.
    • Represented P3 concessioner in negotiating and drafting agreement for concession to provide fiber optic services to an Illinois county for 25 years.
    • Representation of insurance general liability carrier in defense of multi-billion dollar claim by Oil Company against the insurance companies that issued policies to the oil company over several decades relative to environmental claims brought against the oil company, including taking lead in depositions of technical witnesses, preparation and coordination of experts, and participation at pre-trial conference that resulted in settlement.
    • Representation of insurance general liability carrier in defense of claim by insured manufacturer of plastic fittings used in plumbing systems that resulted in hundreds of millions of dollars in claims.
    • Representation of insurance professional liability carrier in coverage dispute involving the design of a nuclear power plant and a separate project involving the design of a precipitator for a coal fired plant.
    • Negotiated and drafted numerous design, construction, and design build contracts for many different types of public and private projects across the United States.
    • Representation of contractor in dispute with a municipality in litigation through mediation relative to claims relating to final completion, payment, delays, and liquidated damages for construction of waste water treatment plant.

     

    • Representation of contractor relative to dispute with water district for construction of pumping station concerning final payment and warranty claims relating to operation of gate valves on 24 inch high pressure pipe.
    • Representation of design builder in litigation relative to bond claim against defaulting demolition subcontractor’s surety.
    • Representation of design builder in litigation relative to differing site condition claims by subcontractors.
    • Representation of contractor against large municipality in mediation and arbitration involving dispute over completion and payment obligations.
    • Representation of contractor against state relative to delays, liquidated damages, close out, and final payment.
    • Representation of contractors, trade contractors, manufacturers, and suppliers, relative to numerous public and private lien claims, bond claims, and prompt payment claims.
    • Representation of trade contractor relative to mechanics lien claim following the failed construction of an ethanol plant in Nebraska in litigation through mediation.
    • Representation of subcontractor in dispute with contractor in pursuing lien, bond, and prompt payment claims while defending against counter-claim relative to construction of HVAC system for school resulting in judgment on behalf of subcontractor in excess of $1.2 million.
    • Representation of design build contractor against surety relative to performance bond claim against defaulting demolition subcontractor on terminal facility construction project.
    • Representation of mechanical subcontractor against surety asserting performance bond claim against surety, based upon defaulting lab gas piping subcontractor during construction of university research laboratory.
    • Representation of electrical contractor in prosecution of mechanics liens against developer and lender on condominium building construction project.
    • Representation of contractor in litigation and mediation relative to owner defect claims on waste water treatment facility construction project.
    • Retained as expert by large law firm to provide report and testify in deposition relative to malpractice claim concerning underlying construction dispute.
    • Representation of marine contractor to evaluate claims and defenses to be asserted against municipality in response to claims arising out of collapse of water intake tunnel.
    • Representation of insurer relative to evaluation of coverage and indemnity rights and obligations in response to a complaint alleging contract and warranty claims by California public agency against insured manufacturer of transit cars.
    • Represented health care company to evaluate required bond terms to comply with Health Care Statute relevant to construction of new hospital tower.
    • Represented large manufacturer in the drafting of design build agreements for the renovation of plants for three separate projects.
    • Representation of mechanical contractor relative to dispute with general contractor relative to completion, change orders, and payment relative to construction of hospital.
    • Representation of millwork subcontractor relative to dispute with general contractor over completion and payment.
    • Representation of design builder relative to claims for damages resulting from design errors and omissions by grandstand subcontractor relative to construction of raceway.
    • Representation of large institutional owner relative to drafting for construction and design contracts for use by client on multiple projects.
    • Representation of electrical contractor against competing electrical contractor seeking injunctive relief and damages for Lanham Act violations and fraud.
    • Representation of electrical contractor related to claims for injunctive relief and damages concerning joint venture membership valuations, tortious interference, and fraud.
    • Representation of design builder in litigation related to defense of wrongful death claim, related coverage claims under additional insurance policies, and related OSHA charges.
    • Representation of architect in defense of bodily injury claim based upon alleged design errors and resulting in judgment dismissing architect with prejudice.
    • Several matters relating to the representation of contractors and subcontractors on bid protest claims.
    • Several matters relating to the representation of subcontractors in response to OSHA or associates state entity charges.

    Pro Bono Experience:

    • Development of language and testimony of a bill adding new provisions in Condominium Act relative to authority of board to act on behalf of association and testimony in support of bill in front of Illinois House Judiciary Committee.
    • Testimony in support of Illinois House Judiciary Committee proceeding on a law that would allow bonds to be posted to release mechanics liens and negotiation and revision of bill in form for final passage.
    • Participation on committee to draft bill revising Illinois Bond Act.
    • Testimony in front of House Judiciary Committee in support of bill to clarify the mechanics lien priority of subcontractors.
    • ASCE Delegate to EJCDC since 2005 participating in the drafting of a number of form contract documents and Task Force Committee Chair on subcommittee that developed the first P3 contract form in the United States.
    • Served as Board Member of 247 Unit Condominium Buildings including several separate terms as treasurer and subsequently president. ENGINEERING EXPERIENCE
    • Underwater facility inspection and development of condition report of Trident Submarine Base, Bangor, Washington
    • Design of various highway bridges and associated retaining walls.
    • Replacement of gate valves in underground municipal water tank.
    • Inspection and evaluation of movable Strauss Trunnion Bridge.
    • Condition reports of various fixed and movable bridges in Chicago, Illinois.
    • Inspection, calculation, and assessment of various transit and railroad structures.
    • Design of various transit stations and elevated rail structure for the Chicago Transit Authority.

    Inspection and reconstruction design of 70 year old, three span, four track railroad bridge.

  • Professional Memberships +

    Registered Professional Engineer Illinois and Florida