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JAMES G. McCONNELL

Attorney at Law

Construction Law Services LLC

Suite 210

101 North Virginia Street

Crystal Lake, Illinois 60014-3439

Telephone (630) 748-8036

Fax (630) 243-5682

Worldwide Cellular (312) 287-1343

 

                              James G. McConnell concentrates in public and private construction contracting, and construction litigation. He received his law degree from Northwestern University School of Law in Chicago in 1973. He was admitted to practice in state and federal courts in Illinois in 1973, and he has been a member of the Northern District of Illinois Trial Bar since it was created in 1982. He was admitted to practice before the United States Court of Appeals in Chicago in 1973, and the United States Supreme Court in 1977. He has tried many civil jury cases in state and federal courts in Illinois, and he has been specially admitted as trial counsel in courts in seven other jurisdictions. He has handled numerous appeals, in the Illinois Appellate Court, the Illinois Supreme Court, United States Court of Appeals for the Seventh Circuit, and the United States Supreme Court.

 

               During his career as a trial lawyer, Mr. McConnell has represented clients in hundreds of cases involving complex construction claims, and other international commercial, financial and insurance issues, including the British Overseas Trade Board, J. C. Decaux, the Consul General of Mexico, the Public Building Commission of Chicago, Blue Cross/Blue Shield, Exelon Corporation, Bethlehem Steel, American Bridge Company, United States Steel, Youngstown Sheet & Tube, and Zenith Radio. He has handled litigation concerning such familiar construction projects as Chicago's Millennium Park, the John Hancock building, and the Sears Tower. He has served as an attorney and as an arbitrator in international construction and insurance claims.

 

               Mr. McConnell is a national and international author and lecturer on public, private and international construction contracting.  Most recently, he has been involved in construction negotiations and disputes concerning Millennium Park’s mixed public and private funded construction, Kennedy King Community College, Blue Cross/Blue Shield’s Vertical Completion, homeland security improvements at the Port of Chicago, the Mexican Consulate in Chicago, the Illinois International Port District, Chicago's Central Police Headquarters, Harborside International Golf Center, Soldier Field, the Midwest Center for Green Technology, the Chicago Center for Children’s Advocacy, Bronzeville Military Academy, and Chicago's Deep Tunnel storm runoff and flood control project. He has also handled litigation involving redevelopment of the former Glenview Naval Air Station property, the South Campus development of the University of Illinois at Chicago Circle, and the historic landmark Carson, Pirie, Scott & Company flagship store at State and Madison streets in Chicago.

 

Construction Law Services LLC

 

               As owner of Construction Law Services LLC, Mr. McConnell represents businesses in the construction industry, including litigation for foreclosure of mortgages and mechanics liens to collect payments due on construction projects, breach of contract litigation, eviction of non-paying tenants of completed projects, construction defect claims, and other litigation arising out of the unfortunate downturn in the situation of construction businesses in the current economy.

 

              Over the course of his 44 year career as lawyer for businesses in the construction industry, Mr. McConnell has represented contractors including American Bridge, Archer Western, Infrasource, M J Electric, Panacea Services, Rock Island Rigging, Vacant Property Security and Walsh Construction; developers including Bejco Development, CenterPoint Properties, Dearborn Development, Gary Comer, Glen Azuma, J C Decaux, Lake Park LLC, Rokas International, Steven Gianakis, and TEEJ Group; property owners including Commonwealth Edison, Consul General of Mexico, Health Care Service Corporation, Metropolitan Community Church, Muntu Dance Theater and St. Francis Courts Condominium Association; local governments including Chicago Housing Authority, Chicago Transit Authority, City of Chicago, Illinois International Port District, Maywood School District 89 and The Public Building Commission of Chicago; material and equipment suppliers including Bethlehem Steel, Charter Oil, Dresser Industries, Gates Engineering, Ingersoll Rand, Material Service, United States Steel and Youngstown Sheet and Tube; construction sureties including Summit Insurance of New York; and title insurers First American and Near North.

Recent Achievements

 

  • Represented public and private owners, developers, lenders, contractors, suppliers, and title insurers in land acquisition, zoning, contract drafting, financing, negotiations, arbitrations and lawsuits on major construction projects valued at more than $20.4 billion.

  • Over the last 15 years collected an average of over $1 million per year for clients.

  • Prosecuted arbitration arising out of property acquisition on the $9 billion Chicago Metropolitan Water Reclamation District’s Deep Tunnel storm water runoff, storage and treatment project.

  • Devised, drafted and negotiated the general construction contracts used by The Public Building Commission of Chicago to combine public and private funding for $500,000,000.00 of construction and enhancements of Millennium Park at Michigan Avenue and Randolph Street in Chicago’s loop.

  • Drafted and negotiated the architectural services contract, construction management contract, general construction contract, title insurance escrow contract, owner controlled insurance program contracts, and key construction trades subcontracts used by Health Care Service Corporation for the $250,000,000.00 vertical completion of the Blue Cross/Blue Shield headquarters skyscraper at 300 East Randolph in Chicago.

  • Negotiated, documented and closed a settlement on behalf of The Public Building Commission of Chicago, representing less than forty one cents on the dollar claimed from his client, after extensive litigation and discovery respecting claims for $33,000,000.00 of extra work and design errors and omissions in the construction of Millennium Park in Chicago.

  • Drafted documents, obtained bids, and awarded contracts and subcontracts used by French corporation J. C. Decaux for the design and construction of unique new bus shelters and other street furniture throughout the City of Chicago which produces profits for Decaux as well as $20,000,000.00 per year in advertising revenue for the City of Chicago.

  • Negotiated, documented and placed a $15,000,000.00 variable rate revenue bond refinancing for construction of Harborside International Golf Center in Chicago, for the Illinois International Port District.

  • Negotiated and drafted the Consul General of Mexico’s contract for construction of a new $4,664,901.70 Mexican Consulate building in Chicago.

  • Won a verdict for less than twenty three cents on the dollar claimed from his client, in the federal court trial of a general contractor’s claims of $3,625,000.00 in extra work and extended general conditions and overhead in the delayed completion of the LEED certified Chicago Center for Green Technology.

  • Collected a $975,000.00 architecture and engineering errors and omissions settlement for The Public Building Commission of Chicago against designers of a classroom addition to Bronzeville Military Academy in Chicago.

  • Collected a $750,000.00 settlement for The Public Building Commission of Chicago against the general contractor who defaulted on reconstruction of Soldier Field for the 1994 World Cup soccer tournament, using a computer database of 50 boxes of project documents to select over 2,000 key exhibits for use in depositions of contractor personnel.

  • Collected $136,121.28 for Panacea Services in the General Growth Properties bankruptcy, representing 65% of a mechanics lien claim for $209,417.31. Elapsed time to collection: 3 months; fee to client: $12,000.00, or 8.8% of the amount collected.

 

 

EDUCATION

 

Northwestern University School of Law, J.D. 1973.

Iowa State University, B.S. - Journalism, 1969.

 

BAR ADMISSIONS

 

Northern District of Illinois Trial Bar, 1982.

United States Supreme Court, 1977.

United States Court of Appeals, Seventh Circuit, 1973.

Northern District of Illinois, 1973.

Illinois, 1973.

PROFESSIONAL MEMBERSHIPS

 

Congress of Fellows of the Center for International Legal Studies: Salzburg, Austria, Charter Fellow 2002.

 

American Bar Association: Litigation Section, 1975 - 1990 (Committee on Professional Liability, 1976 - 1990); Tort and Insurance Practice Section,  1973 - 1990 (Committee on Toxic and Hazardous Substances and Environmental Law, Vice Chair, 1987 - 1989).

 

Illinois State Bar Association: Standing Committee on Specialization, 1976 - 1978 (Secretary, 1978); Civil Practice and Procedure Section, 1973 - 1990 ; Insurance Law Section, 1973 - 1990; Tort Law Section, 1973 - 1990.

 

Chicago Bar Association: Economics of the Legal Profession Committee 1973 - 1977 (Vice Chair, 1976, Chair, 1977); Special Committee on Lawyers' Interest Bearing Trust Accounts, 1982 - 1984; Environmental Law Committee, 1987 - 1990; Tort Litigation Committee, 1987 - 1990; Young Lawyers Section Professional Responsibility Committee, 1976 - 1979 (Vice Chair, 1978, Chair, 1979).

 

ALTERNATIVE DISPUTE RESOLUTION

 

American Arbitration Association

Commercial Panel of Arbitrators

1983 - Present.

TEACHING

 

Adjunct Professor of Law, IIT - Chicago Kent

College of Law, 1978 - 1984.

Legal Writing and Research

 

PROFESSIONAL CONSTRUCTION PUBLICATIONS

 

Book Chapters

 

Surety Bonds and Bond Litigation, IICLE Construction Litigation Handbook (1999).

 

Public Construction Bonds, IICLE Construction Litigation Course Handbook (1993).

 

Construction Contract Bonds, IICLE Construction Litigation Course Handbook (1989).

 

The Contractor's Surety; The Indispensable Silent Partner, IICLE Construction Litigation Course Handbook (1984).

 

Rights and Duties of the Surety on Construction Contractors' Bonds, IICLE Construction Litigation Course Handbook (1982).

 

Articles

 

Insurance in Transition: The "Claims Made" Policy, 58 American School & University No. 12 at 19 (1986).

 

Liability for Bodily Injury and Property Damage:  Legal Theories and Practical Strategies,  1 Hazardous Substances No. 9 at 11 (1986).

 

"Claims Made" Insurance Requires Thoughtful Consideration, 52 School Business Affairs No. 6 at 16 (1986).

 

ISO Policy - Problems Abound With New Insurance, 4 Leader's Product Liability Newsletter No. 11 at 5 (1986).

 

Viewpoint: ISO's Claims Made Policy, 8 Insurance Litigation Reporter 979 (1986).

 

New "Claims Made" Policy Examined, Chicago Daily Law Bulletin p. 2 (February 7, 1986).

 

The Role of the Contractor's Surety in Public and Private Construction,  65 Chicago Bar Record 48 (1983).

 

CONSTRUCTION INDUSTRY SPEAKING

 

Association for Advancement of Cost Engineering

            Chicago, Illinois

            November 13, 2012

            Managing for the New Construction Economy

Law Line Online Continuing Legal Education

            New York, New York

            December 14, 2010

            Construction Contract Payments in Illinois

                              Mechanics Liens on Private Projects

                              Mechanics Liens on Public Projects

                              Performance and Payment Bond Claims

American Society of Professional Estimators

            Chicago, Illinois

            March 4, 2010

            Where’s the Stimulus?

                              What Happened?

                              What’s Next?

Association for Advancement of Cost Engineering

            Chicago, Illinois

            February 12, 2009

            American Recovery and Reinvestment Act: Stimulus for the Construction Industry

Center for International Legal Studies

            International Construction Law

            Steamboat Springs, Colorado

            February 9-15, 2003

            Build/Own/Operate/Transfer: Technology Transfer and Development Agreements

Center for International Legal Studies

            Barriers to Free Movement of Civil Justice

            Salzburg, Austria

            November 3-6, 2001

            Enforcing International Arbitration Awards in the United States:

               Practical Considerations and Interesting Nuances

Northwest China University of Political Science and Law

               Xi'an, China

              April 8-9, 1996

              Build/Own/Operate/Transfer: Industrial and Infrastructure Development Arrangements

East China Normal University: School of International Business

            Shanghai, China

            April 6, 1996

            Build/Own/Operate/Transfer: Industrial and Infrastructure Development Arrangements

East China University of Politics and Law: International Lawyers Training Centre

            Shanghai, China

            April 3 - 5, 1996

            International Construction Contracts: Industrial and Infrastructure Development

Illinois Institute for Continuing Legal Education

            Resolving Construction Disputes

            Chicago, Illinois

            March 19, 1987

            The Role of the Surety on Construction Contractors' Bonds

Illinois Institute for Continuing Legal Education

            Construction Litigation

            Chicago, Illinois

            January 10, 1985

            The Role of the Surety on Construction Contractors' Bonds

Illinois Institute for Continuing Legal Education

            Construction Litigation

            St. Louis, Missouri

            June 4, 1982

            Chicago, Illinois

            June 11 and 18, 1982

            Rights and Responsibilities of the Contractor's Surety -- What Occurs When The Contractor Defaults

REPORTED CONSTRUCTION CASES

Batteast Construction v. Public Building Commission, 195 F.Supp.2d. 1045 (N.D.Ill. 2002)

The Maxwell Street Historic Preservation v. University of Illinois, 2000 WL 1141439 (N. D. Ill. 2000).

MCM Partners v. Andrews-Bartlett Assoc., 62 F.3d 967 (7th Cir. 1995).

National Metal Finishings Corp. v. LaSalle Nat'l. Bank, 1995 U.S.Dist.LEXIS 15004 (N.D.Ill. 1995).

United Air Lines v. CEI Industries, 148 Ill.App.3d 332, 499 N.E.2d 558 (lst Dist. 1986).

St. Francis Courts v. Investors Real Estate, 104 Ill.App.3d 663, 432 N.E.2d 1274 (lst Dist. 1982).

Hagansee v. Galion, 93 Ill.App.3d 675, 417 N.E.2d 733 (lst Dist. 1981).

Pastor v. National Republic Bank, 76 Ill.2d 139, 390 N.E.2d 894 (1979).

Century Display v. D.R. Wager, 71 Ill.2d 428, 376 N.E.2d 993 (1978).

ACHIEVEMENTS

Featured Listee: Marquis Who's Who in American Law (1987, 1989, 1991, 1993, 1996, 1998-1999)

Featured Listee: Marquis Who's Who of Emerging Leaders in America (1988, 1992)

Featured Listee: Marquis Who's Who in the World (1988, 1990, 1992, 1994, 1998-1999)

Featured Listee: Marquis Who's Who in America (1993-1995, 1997-1999)

Featured Listee: Marquis Who's Who in the Midwest (1998)

Featured Listee: Marquis Who's Who in Finance and Industry (1999)

Inductee: Albert Nelson Marquis Worldwide Lifetime Achievement Award (2017)

Pinnacle Professional Member: Continental Who's Who (2017)

President's Circle: Top Attorneys of North America (2018)

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