Archive for the ‘Construction Law’ category

Dan Brenner Elected President of JCYS

August 28, 2017
Daniel J. Brenner, Partner

Daniel J. Brenner, Partner

Laurie & Brennan, LLP is proud to announce that Dan Brenner has been installed as the Board President of the Jewish Council for Youth Services (JCYS).

JCYS is an independent not-for-profit agency dedicated to providing educational and recreational programs for Chicagoland’s children and developing the next generation of community leaders who continue its tradition of volunteer service.  JCYS offers educational, recreational and leadership experiences throughout the year at its family centers, multiple summer camps and specialty programs. For over a century, JCYS has responded to the varying needs and shifting demographics in the Chicagoland area with programs designed to nurture individual growth and promote responsibility and service to others.

Dan is committed to furthering the JCYS mission and looks forward to the challenges and learning experiences that serving as the President of a $10 million not-for-profit agency will undoubtedly provide.

For more information on JCYS, visit the JCYS website at www.jcys.org.  To contact Dan Brenner or another attorney at Laurie & Brennan, LLP, please call our office at (312) 445-8780 or visit www.lauriebrennan.com.

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UPCOMING SEMINAR ALERT: Getting Paid: How the Law Can Help You Get What You Deserve

August 17, 2017
Ryan Hiss

Ryan Hiss, Partner

Ryan Hiss, a partner with Laurie & Brennan, LLP, is teaming up with the Associated Steel Erectors to outline best practices for contractors in their contract drafting, change order processes, and claims strategies to put themselves in the best position to get paid in a timely manner.

Getting Paid: How the Law Can Help You Get What You Deserve

August 24, 2017
William Tell Restaurant/Holiday Inn
6201 Joliet Road
Countryside, Illinois
7:30 am – 10:30 am

This seminar is sponsored by the Associated Steel Erectors Industry Promotional Fund.  There is no charge, but advance registration is required.

For more information and to register, please use the following link:

https://www.associatedsteelerectors.org/events/getting-paid-how-the-law-can-help-you-get-what-you-deserve/

Visit http://lauriebrennan.com/ to learn more about the valuable members of our team and what we do at Laurie & Brennan LLP!

Laurie & Brennan Participates in National Rebuilding Day!

May 12, 2017

On April 29, 2017, two of Laurie & Brennan’s Partners, Bill Toliopoulos and Erin Krejci, would not let a little rain stop them from participating in National Rebuilding Day organized by Rebuilding Together Metro Chicago.

EK BT Build

National Rebuilding Day is an annual event in which volunteers work together to renovate homes belonging to the elderly, disabled, and low-income homeowners in order to make them warm, safe and dry, improve accessibility, and provide improvements that will leave the home a healthier, brighter, more pleasant place to live.

Erin and Bill enjoyed volunteering alongside colleagues from the Construction Financial Management Association (CFMA) to improve the home and yard of a lovely woman in Robbins, Illinois and are looking forward to continuing to support the Rebuilding Together Metro Chicago team and their worthwhile mission.

L&B PARTNER DANIEL BRENNAN NAMED FELLOW OF THE AMERICAN COLLEGE OF CONSTRUCTION LAWYERS

May 5, 2017
Dan Brennan

Dan Brennan, Co-founder

Laurie & Brennan is proud to announce that founding partner Dan Brennan was admitted as a Fellow of the American College of Construction Lawyers at its Annual Meeting in March, 2017.  The American College of Construction Lawyers (“ACCL”) is an invitation-only organization of the most accomplished construction lawyers in the United States.  The construction lawyers in ACCL have demonstrated “skill, experience and high standards of professional and ethical conduct in the practice, or in the teaching, of construction law,” and are dedicated to excellence in the specialized practice of construction law.  Based on his 26 years of practice in the area of construction law and service to the profession, Dan was honored with this latest accolade.  On his election to ACCL, Dan commented, “It is an honor and more than a little humbling to be part of this esteemed group of construction lawyers.  I owe a debt of gratitude to many lawyers who have helped me along the way.  I hope I will be able to mentor others who will be honored down the road with membership in this wonderful organization.”

Quantum Meruit A Limited Refuge for Contractors

April 19, 2017

pipesIn the recent Illinois Appellate Court decision in Archon Construction Company, Inc. v. U.S. Shelter, L.L.C., et al., the Court clarified when a quantum meruit claim is proper in a construction dispute. The Court held that if an express contract governs the same general subject matter as the challenged work, a quantum meruit claim is barred as a matter of law.

In Archon, U.S. Shelter hired Archon Construction Co. to install a sanitary sewer system in the city of Elgin, Illinois. The contract incorporated plans and specifications, which called for installation of PVC or ductile iron piping. The contract also required that prior to completion, the city approve and accept the system. Archon submitted its plans to U.S. Shelter, which included the use of PVC pipe. U.S. Shelter approved the plans and Archon commenced construction. After Archon completed its work, the city undertook a televised visual inspection of the system and determined that repairs were needed before it would accept the system. Specifically, the city required that the repairs include “replac[ing] with ductile iron the main, T’s and service lines up to a depth of 10’.” This was the first time that ductile iron was required on the project.

Archon performed the repairs and replacement work and sent U.S. Shelter a bill totaling $247,432.41 for its time and materials performing the additional work required by the city. U.S. Shelter refused to pay and this lawsuit ensued. Initially Archon pursued a multi-count complaint against U.S. Shelter, including counts of breach of contract for failure to pay for extra work or, in the alternative, quantum meruit. Archon eventually voluntarily dismissed its contract-based claims for extra work and pursued only quantum meruit.

In doing so, Archon tried and failed to take advantage of a path to recovery for those who perform work without the protections of an express contract. Quantum meruit is the refuge of plaintiffs who perform work for which no express contract exists. It is axiomatic, therefore, that the existence of an express contract regarding the work performed precludes any possibility of success on a quantum meruit claim.

Archon pursued its quantum meruit claim on the theory that the work it performed – namely the installation of ductile iron instead of its previously approved PVC pipe – was outside the terms of its contract with U.S. Shelter. In short, Archon attempted to walk the thin line between work being “outside the scope of the contract” (one of the elements for an extras claim) and there being no express contract governing the work.

The Illinois appellate court made short work of this semantic maneuvering by articulating a clearer test for evaluating a quantum meruit claim when an express contract exists between the parties: does the express contract govern the same general subject matter as the challenged work? If the answer is yes, a quantum meruit claim is barred as a matter of law. Here, the work performed related to the same general subject matter as the work described and specified in the express contract – namely the installation of an acceptable sanitary sewer system. The fact that Archon had to replace previously approved and installed PVC pipe with ductile iron was arguably an “extra” but not outside the purpose of the express contract: delivering an acceptable sanitary sewer system.

This case indicates that courts are hesitant to allow quantum meruit actions to proceed when a party under a contract performs a service that is not precisely covered by the contract, but is within the general ambit of the contract’s purpose. Plaintiffs are most likely to prevail under quantum meruit when either (1) no express contract exists between the parties or (2) an express contract exists but explicitly excludes a type of work that plaintiff ends up performing during the course of the job. Thus, courts generally will not entertain extra-contractual claims where an express contract governing the work exists unless the court has a good reason to do so, like contractual exclusion of a specific type of work that a party ends up performing, or a party performing work wholly unrelated to the underlying contract.

Laurie & Brennan, LLP Partner, Ryan Hiss, Featured in Leading Lawyers Network Magazine

March 9, 2017
Ryan Hiss

Ryan Hiss, Partner

Ryan Hiss, partner at Laurie & Brennan, LLP was featured in Leading Lawyer Magazine – Real Estate, Construction, and Environmental Health Edition. When mulling over his answer to the question of what facet of construction law is his favorite he has trouble settling on just one – from arbitrations to trials and contracts to fielding questions from clients he enjoys them all. At the end of the day, Ryan most values what lies at the core of his practice; his relationship with his clients. “Being a problem solver, somebody who can help a client through an issue so they can continue on with their businesses as successfully as possible – to me, that is kind of neat, to be somebody they want to call and figure things out,” Ryan says of those relationships.

Beyond his many accolades, it is this emphasis on developing profound personal relationships with his clients that sets him apart as an attorney and makes him such a valuable member of the Laurie & Brennan team. In his first interactions with Dan Brennan and Ty Laurie back in 2004, they were actually opposing counsel in what was the most high-stakes case of Ryan’s career to that date. He remembers his first encounter with his future co-partners thus, “They were aggressive but not what I’d call overly aggressive. There was a toughness to their position and their negotiating style that I’d say was a reasonable toughness. It wasn’t like they were being tough about issues they shouldn’t be tough about, but you could tell this was going to be quite a battle. So that was my initial impression, but also that you could get along with them well.”

Ultimately, one of the biggest impressions made on Ryan by Ty was his emphasis on family values; Ty wrapped up a meeting one day by saying. “I’ve got to catch a train to go coach my kid’s baseball practice.” When Ryan joined Laurie & Brennan in 2016 he did so on a similar condition – he’d have to occasionally leave early to coach his daughters’ softball team. Ryan is now happy to contribute the experience of his 21-year career as an ace construction attorney to the firm, and Laurie & Brennan is excited that he is a member of the team.

Laurie & Brennan, LLP is proud to have one of our partners featured so prominently in Leading Lawyers Network Magazine as it is one of the most trusted and respected resources to locate reputable, experienced lawyers.

Laurie & Brennan, LLP Co-founders Honored As Top 10 Construction Lawyers in Illinois 2nd Year in a Row

March 9, 2017

We are proud to announce that once again Laurie & Brennan, LLP has the prestigious distinction of having two attorneys in the Top 10 Construction Lawyers in the State of Illinois in Leading Lawyer Magazine – Real Estate, Construction, and Environmental Health Edition. After an annual state-wide survey and ongoing meetings, discussions and research of their peers, followed by a sophisticated review and vetting process by members of the Leading Lawyers Advisory Board in Illinois, it has been determined that Ty Laurie and Dan Brennan rank 1 and 8 respectively. This honor has been earned by fewer than five percent of all lawyers licensed to practice in Illinois.

Ty’s representative matters include high-profile sports facility disputes, capital improvement and replacement projects for hospitals and medical facilities and construction of skyscrapers. He has served as construction counsel or provided construction law advice for several Fortune 500 companies. Besides trying cases to verdict, he counsels on project delivery methods, negotiates contracts, assists in the procurement of insurance, provides critical dispute avoidance services and advocates in mediations and arbitrations. Consistently lauded for his achievements in construction law, Dan concentrates his practice on advising owners, designers and contractors on risk management in the construction process; prosecuting and defending construction claims including professional negligence, cost overrun, and delay claims; negotiating and drafting construction and design contracts for architects, engineers and owners; and advising clients with respect to design and construction of accessible facilities Title III of the Americans with Disabilities Act and the Fair Housing Act.

Ty and Dan head the team at Laurie & Brennan, LLP, a boutique construction law firm with one of the largest construction law groups of any firm in Illinois. Among our services we provide comprehensive legal representation with respect to major local, regional, national, and international construction projects. Our construction attorneys handle all legal aspects of construction projects from inception through completion, including contract negotiation, team building, avoiding and/or resolving disputes, general legal consultation, and claims prosecution and defense.

Laurie & Brennan is equipped to serve every construction client’s need – from sports stadiums to industrial properties and oil refineries. If you have passed Soldier Field or Ann & Robert H. Lurie Children’s Center in Chicago, the Prudential Center in Newark, the Lincoln Financial Field in Philadelphia, or One World Trade Center in New York, to name just a few projects, you have seen the work of Laurie & Brennan’s inimitable team.


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