Dan Brennan Contributes To The ABA’s Recent Publication: The Effective Use of Forensic Experts in Construction Litigation

Posted August 28, 2019 by laurieandbrennan
Categories: Construction Law

Dan Brennan, one of Laurie & Brennan, LLP’s founding partners, is proud to be a contributing author for the American Bar Association’s Forum on Construction Law’s newly released book, The Effective Use of Forensic Experts in Construction Litigation. 

The Effective Use of Forensic Experts in Construction Litigation seeks to help a litigation or arbitration team become more persuasive in telling the story about construction issues or problems in a way that makes the complex case easier to understand, makes the truth more self-evident, and exposes the fallacies of any attempt to obfuscate the truth.

Dan Brennan teamed up with industry experts, Paul Ficca and Todd Moor, to draft the chapter entitled Preparing or Defending Daubert Motions Limiting Expert Witness Testimony: “Motions in Limine”.  In this chapter, Dan provides practice tips to assist construction law practitioners in challenging and defending an expert’s qualifications, fundamental premises, and methods of investigation.

 The Effective Use of Forensic Experts in Construction Litigation is available through ABA Book Publishing here.  To contact Dan Brennan or another attorney at Laurie & Brennan, LLP, please call our office at (312) 445-8780 or visit our website at www.lauriebrennan.com.



Ross Altman Joins Laurie & Brennan, LLP as Senior Counsel

Posted May 15, 2019 by laurieandbrennan
Categories: Construction Law

Laurie & Brennan, LLP, one of the largest boutique construction law firms in the country, is pleased to announce that Ross J. Altman has joined the firm as Senior Counsel.  Mr. Altman brings 35+ years of construction law experience to the firm, with particular focus on complex transactional matters.  With the addition of Mr. Altman, Laurie & Brennan, LLP now proudly boasts 3 fellows in the American College of Construction Lawyers, 4 ranked members in Chambers USA, and 5 members in the Society of Illinois Construction Attorneys.

RossMr. Altman has spent the majority of his career as a partner with international and national law firms, and also served as General Counsel for a global EPC contractor.  Representative projects span the globe, and include high-rise buildings, power plants, renewable energy facilities, manufacturing facilities, data centers, and a wide range of infrastructure projects.  He regularly advises and assists clients on transaction structure, particularly in connection with novel project delivery approaches. Mr. Altman frequently publishes and speaks on topics pertaining to the design professions and construction industry.  He has been a member of the adjunct faculty at the University of Miami School of Law for over 20 years, teaching a class in drafting and negotiating design agreements and construction contracts for the Real Property Development LLM Program.

Founding Partner, Dan Brennan, knows that he speaks for the entire firm when he says “Mr. Altman’s construction experience and acumen are top notch – and we are thrilled he has joined the Laurie & Brennan team.”  Ross Altman can be reached at raltman@lauriebrennan.com or 312-588-3732.  For more information on Laurie & Brennan, LLP, please visit us at www.lauriebrennan.com

Laurie & Brennan Founding Partner Provides Valuable Insight on Concurrent Delay

Posted May 6, 2019 by laurieandbrennan
Categories: Construction Law

The ABA Forum on Construction Law’s publication, The Construction Lawyer, features an insightful article co-authored by Laurie & Brennan founding partner, Dan Brennan.

Dan Brennan

Dan teamed up with John Livengood, the Senior Managing Director, Global Construction Practice at Ankura Consulting, to tackle the often misunderstood concept of concurrent delay in an in-depth article titled, Approaches to Concurrent Delay.  In the article, Mr. Brennan and Mr. Livengood dissect the concept of concurrent delay, explore relevant case law, and offer guidance regarding three different judicial approaches to concurrency.

Approaches to Concurrent Delay is available on Westlaw at 39-WTR Construction Law. 27.  If you would like more information on concurrency, please contact Dan Brennan through our website www.lauriebrennan.com.

Dan Brennan Presents on Construction Insurance and the Internet of Things

Posted February 26, 2019 by laurieandbrennan
Categories: Construction Law

Last week, Dan Brennan, one of Laurie & Brennan’s founding partners, shared his knowledge and experience on construction insurance in the context of the Internet of Things at the American College of Construction Lawyers 30th Annual Meeting in St. Petersburg, Florida.

Dan Brennan

Dan teamed up with Jocelyn Knoll of Dorsey & Whitney LLP and Andy Taylor of Willis Towers Watson to explore some of the potential risks of using internet-connected technology and machinery on construction projects.  The presentation focused on construction-related insurance policies (CGL, builders risk and cyber insurance) and how such policies might (or might not) handle losses arising from internet-connected technology used on construction projects.  Dan, Jocelyn and Andy shared their tips and strategies to help participants successfully anticipate and mitigate the risks associated with the ever-increasing use of technology in the construction industry.

For more information regarding Dan’s presentation on construction insurance in the context of the Internet of Things, please contact Dan Brennan at dbrennan@lauriebrennan.com or visit www.lauriebrennan.com.

Leading Lawyers Profile of Laurie & Brennan Partner, Erin E. Krejci

Posted January 16, 2019 by laurieandbrennan
Categories: Construction Law


Laurie & Brennan is proud to report that our own Erin Krejci is featured in the Leading Lawyers Magazine – Real Estate, Construction & Environmental Edition for 2019.

Erin is an experienced construction attorney who concentrates her practice on complex construction and real estate disputes. Erin litigates claims involving construction contracts, construction defects, delay claims, design errors and omissions, and mechanics liens.

Erin’s Leading Lawyers profile details her experience, highlights some of her noteworthy skills, and shares client and colleague testimonials commending her knowledge and practical approach to the resolution of construction claims.

To view Erin’s full Leading Lawyers Magazine – Real Estate, Construction & Environmental Edition profile, click here.  To contact Erin, please visit our website at www.lauriebrennan.com.

Purchasers Beware: Major Change to the Implied Warranty of Habitability in Illinois Construction Defect Cases

Posted January 4, 2019 by laurieandbrennan
Categories: Construction Law

On December 28, 2018, the Illinois Supreme Court made a major change to the law of the implied warranty of habitability.  Overruling just over 35 years of precedent, the Court held that purchasers of newly constructed homes may not pursue claims for breach of an implied warranty of habitability against a subcontractor with whom the purchaser does not have a contractual relationship – regardless of available remedies against the seller.  Sienna Court Condominium Association v. Champion Aluminum Corporation, 2018 IL 122022 (December 28, 2018).

The case was initiated by the purchasers of condominium units in a newly constructed 111-unit property located in Evanston, Illinois.  In 2013, the purchasers filed suit seeking recovery for construction defects.  Among other claims, the purchasers asserted implied warranty of habitability causes of action against the developer which sold the units, the general contractor, and several of the general contractor’s subcontractors.

The subcontractors filed a joint motion to dismiss the implied warranty of habitability claims filed against them.  Eventually, the issue made its way to the Illinois Supreme Court.  The Illinois Supreme Court agreed to resolve the following question:  may the purchaser of a newly constructed home assert a claim for breach of an implied warranty of habitability against a subcontractor who took part in the construction of the home, but did not have a contractual relationship with the purchaser?

The Court answered this question in the negative.  The Court determined that the loss that could be recovered by the purchasers under the implied warranty of habitability involves disappointed commercial expectations – i.e., pure economic loss.  The Court reasoned that economic losses are contractual in nature and, therefore, require contractual privity between the parties.

The Sienna opinion includes two important findings.   First, the Court addressed Minton v. The Richards Group – a case on the books for just over 35 years.  116 Ill. App. 3d 852 (1983).  Minton provided an exception to the privity requirement in situations where the purchaser had no recourse against the builder-vendor and sustained loss due to faulty work caused by a subcontractor.  The Sienna opinion expressly overrules Minton, holding that the Minton exception is no longer available to purchasers. Second, the Sienna opinion reaffirms the economic loss rule set forth in Moorman Manufacturing Co. v. National Tank, 91 Ill. 2d 69 (1982), which provides that claims for disappointed commercial expectations – such as an implied warranty of habitability – are generally limited to parties in contractual privity.

The effect of the Sienna ruling will depend on the player.  On one hand, the ruling is concerning for purchasers. Though purchasers may have a reasonable expectation that their general contractor’s subcontractors will perform work on their new home competently, Sienna may ultimately preclude such purchasers from holding subcontractors responsible, even in the face of an insolvent developer or general contractor.  On the other hand, subcontractors that do not have a contractual relationship with a purchaser will likely welcome the ruling because it allows such subcontractors to depend on their own contracts to protect and define their project risks and economic expectations.

Are You Ready to Bid Farewell to the AIA 2007 Forms?

Posted October 29, 2018 by laurieandbrennan
Categories: Construction Law

Many players in the construction industry rely on the American Institute of Architects (AIA) form contract documents.  In just a few short days the 2007 edition of many of the key AIA construction forms will no longer be available.  On October 31, 2018, the 2007 AIA forms will be retired and access to such forms will be terminated.

If your company routinely use such forms, it is imperative that you familiarize yourself with recent changes, make appropriate adjustments, and take the steps necessary to ensure a smooth transition to the 2017 forms.

If you need assistance bidding (a seamless) farewell to the AIA 2007 forms, Laurie & Brennan is here to help.  Please visit our website at www.lauriebrennan.com or contact Krista Kapp at (312) 445-8783, Dan Brennan at (312) 445-8782, or Bill Toliopoulos at (312) 445-8784

%d bloggers like this: