News from the Firm
Much Shelist Secures Nearly $1 Million Award from Village of Lisle in
Trial Victory for Construction Company
Much Shelist recently secured a jury trial victory awarding more than $914,000 plus costs to its client Tires ‘N Tracks, Inc. (TNT), a Lombard, Ill.-based construction firm. TNT filed suit against the Village of Lisle in June 2003 alleging a breach of contract related to the construction of a relief sanitary sewer.
After beginning work on the sewer, TNT reported finding differing site conditions that involved heavy layers of underground rocks and boulders that were not revealed in the contract documents. According to TNT, the Village directed the company to continue work at significant additional expense. After the sewer pipe was completely installed, the Village declined to pay for the additional work and withheld the last interim payment and retainer.
Among other claims, TNT asserted that the Village violated the Public Construction Contract Act of Illinois, which requires governmental units in Illinois to make an equitable adjustment to the contract price when differing site conditions are properly reported and the governmental unit directs the project to continue.
A jury in the Eighteenth Judicial Circuit Court of Illinois returned a verdict in favor of TNT on all counts. The jury award of more than $914,000 includes almost the entire original contract amount, plus a high percentage of the equitable adjustment sought by TNT and a sizeable interest award.
“This is a very significant victory for our client and for the underground construction industry at large,” said lead attorney James M. Dash, a Principal in the firm’s Litigation & Dispute Resolution group and a member of the Construction Law practice. “The Public Construction Contract Act is a fairly new law and the Village of Lisle simply refused to recognize it. The jury clearly felt that the Village should live up to its responsibilities.”
TNT President Charles Cohen added, “We are thrilled with this victory, not only because it allows us to recoup our losses relative to this project, but it helps us to protect the integrity of our business and hopefully deter similar events from happening to us or others in the future.”
Much Shelist attorneys James M. Dash (Principal, Litigation & Dispute Resolution) and Tzivia A. Masliansky (Associate, Litigation & Dispute Resolution) represented TNT.
Attorneys on the Speaking Circuit
Neil B. Posner (Principal, Policyholders' Insurance Coverage) will speak on “Notice and Prejudice in Occurrence and Claims Made Insurance Policies” on May 13 during a nationwide teleconference sponsored by the Young Lawyers Subcommittee of the ABA’s Insurance Coverage Litigation Committee.
Anthony C. Valiulis (Principal, Litigation & Dispute Resolution) will be a presenter at an upcoming Lorman Education Services seminar titled “LLCs: Advising Small Business Startups and Larger Companies in Illinois.” The seminar will be held on June 26 in Elk Grove Village, Illinois. For more information, visit www.lorman.com.
Harold S. Dembo (Vice Chair, Real Estate) will participate in a panel discussion on "Leasing in Strange Places—Airports, Casinos, Office Buildings and Hotels" at the International Council of Shopping Centers (ICSC) Law Conference, October 22-25 in Hollywood, Florida. ICSC is the global trade association of the shopping center industry. Its 70,000 members in the United States, Canada and more than 80 other countries include shopping center owners, developers, managers, marketing specialists, investors, lenders, retailers and other professionals, as well as academics and public officials. For more information visit www.icsc.org.
Bankruptcy Group Offers Seminar for Commercial Lenders
Norman B. Newman (Chair, Bankruptcy, Reorganization & Creditors’ Rights) and Colleen E. McManus (Special Counsel, Bankruptcy, Reorganization & Creditors’ Rights) have created a timely and informative seminar for commercial lenders that addresses troubled loans—defined as a loan in default where the borrower is in financial difficulty. The presentation covers a range of issues facing lenders in today’s economic environment, including the following topics:
- Signs of trouble
- Pre-workout steps
- Out-of-court workout agreements
- Bankruptcy from the viewpoint of the secured creditor
- Foreclosures
- Non-bankruptcy insolvency
If you are interested in scheduling a presentation, please contact Norm at 312.521.2492 or nnewman@muchshelist.com.
Levin Coaches Mock Trial Team to State Championship
The Highland Park High School Mock Trial Team, coached by volunteers Brad A. Levin (Principal, Business & Finance) and Assistant U.S. Attorney Chuck Ex, took home top honors at the Illinois State Bar Association Mock Trial Invitational, held February 29 through March 1 in Springfield, Illinois. Competing against nearly 50 other Illinois high schools, the team was crowned the State of Illinois Champion after completing three mock trials and achieving the highest score on the law test. Next, the team will represent Illinois at the National High School Mock Trial Championship, which will be held May 8-10 in Wilmington, Delaware.
Miller Joins Christopher House Board
Matthew S. Miller (Principal, Litigation & Dispute Resolution) has been elected to the Board of Directors of Christopher House, a five-site resource center in Chicago that provides support to children and their families through child and youth development, teen parent support, literacy, counseling and emergency services.
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