BW-Justin-W

Justin L. Weisberg

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P: 312.456.0190
E: jweisberg@rsplaw.com

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Justin L. Weisberg has over 25 years of legal experience in the practice areas of construction law and commercial litigation.  He represents private, public, local, and international clients in a variety of construction-related transactions and litigation matters.

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. Justin’s prior work as a registered professional engineer in both Illinois and Florida allows him to give added insight and understanding for ongoing project counseling to his clients.

Justin’s substantial experience has involved handling numerous construction 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.

Justin 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 also is a member of the NCDRC Executive Committee, Construction Section Counsel of the Illinois State Bar Association (ISBA), a member of the American Bar Association (ABA) Construction Forum, and a recent elected Treasurer of the Illinois Society of Construction Attorneys.

Widely recognized as a thought-leader in the legal community, Justin is a frequent author and speaker for the Illinois Institute for Continuing Legal Education (IICLE), the ISBA and ABA, and other leading industry and trade organizations.

 

  • Representation of client in negotiations with municipality and downstream engineers and contractors relative to DBOM agreement.
  • 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 metal work contractor relative to delay claim by 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 roofing contractor in defense of $2 million dollar defect claim by owner.
  • 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.
  • Representation of Condominium Association in obtaining settlements totaling approximately $3 million dollars from General contractor and subcontractors relative to Facade defects.
  • Negotiate and prepare construction contract for 2.5 mile roadway.
  • Successful representation of Condonminium Association against subcontractors at trial and appeal on issue regarding Associations right to pursue subcontractors directly where contractor was insolvent but had insurance.
  • 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 resuIted 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, constru ction, 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 warrant 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 delay, completion and payment.
  • Representation of contractor against state relative to contractor’s delay claim, liquidated damages claimed by state, 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 mechanical trade contractor in asserting Miller claim relative to construction of housing facility at offshore military base.
  • Representation of trade contralto r relative to mechanics lien claim following the failed construction of an  ethanol  plant  in  Nebraska  in  litigation  through mediation.
  • Representation of terminated electrical subcontractor in dispute with contractor in pursuing lien, bond, and prompt payment claims while defending against counter-claim alleging defective construction and breach oI contract relative to construction of HVAC system for scho ol resulting in judgment on behalf of subcontractor in excess of $1.2 million.
  • Representation of national glazing contractor debtor relative to the assertion of numerous contract and lien claims, and the negotiation of various construction disputes, during the administration of a Chapter 11 bankruptcy proceedings.
  • 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 resulting in settlement of approximately $3.7 million dollars on behalf of subcontractor.
  • Representation of terminated electrical contractor in defense of performance bond claim asserting over $3 million dollars in delay damages relative to construction of two schools and with respect to assertion of electrical contractors counter-claim asserting contract, public lien and payment bond claims resulting in the recovery of $1.2 million dollars for electrical subcontractor under public lien claim and dismissal of contractors contract and bond claim.
  • Representation of electrical subcontractor in pursuit of delay claim, lien and bond claim and in defense of counterclaim by contractor asserting in delay damages resulting in recovery of $250,000 on behalf of electrical subcontractor.
  • 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 plan ts for three separate projects.
  • Representation of mechanical contractor relative to dispute with general contractor relative to completion, delays, 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
  • Representation of large institutional owner relative to drafting of 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 conditio n 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 o r 70 year old, three span, four track railroad bridge.

 

  • “Dispelling the Myths of Lien Construction and IPD,” Substance, Illinois Mechanical and Specialty Contractors Association, December 2016 issue.
  • “Working with Experts/Consultants,” Illinois Institute oI Continuing Leyal Education (IICLE) Construction Dispute Litigation, Chapter 14, 2013.
  • “Negotiating Construction Contracts,” Illinois Institute for Continuing Leyal Education’s (!ICLE) Construction ‘ 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 24, West Publishing, 2007, Updated 2016.
  • “The Use of Experts in Construction Litigation – Parts 1 and 2,” Construct!, Vol. 14, 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 o f Litigation, Winter 2005.
  • “Between A Rock and A Hard Place: Balancing the Interests of The Principal and Obligee,” Construct!, Vol. 14, No. I, The American Bar Association Section o f 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 fo r 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 o f Construction Congress V of the American Society’o f Civil Engineers, 1997.