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Justin L. Weisberg

Partner
+1.312.807.4253
Fax +1.312.827.8000

Justin Weisberg is a partner focusing on construction law and commercial litigation. Mr. Weisberg represents private, public, local, and international clients in a variety of construction-related transactions and litigation matters. Mr. Weisberg has a background in professional engineering, giving him added insight and understanding into his client’s cases.

His experience has included contract negotiation, counseling, litigation and dispute resolution relating to numerous 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, and single family residences.

His prior work as a registered professional engineer in both Illinois and Florida allows him to utilize his previous engineering experience in his law practice. During his engineering career Mr. Weisberg was involved in the design and evaluation of various structures including transit structures, fixed and movable bridges, and offshore naval facilities.

Professional Background

As a professional engineer and veteran construction lawyer, Mr. Weisberg engages in multiple aspects of his profession. In 2015, he testified in front of the Illinois House Judiciary Committee in support of a bill that would allow bonds to be submitted over Mechanics Lien Claims. Following successful passage out the House Judiciary Committee, he developed and negotiated amended language to the proposed bill with organizations that opposed the bill. The bill has now become law and is codified as 770 ILCS 60/38.1.

In 2013, Mr. Weisberg drafted a proposed bill to amend the Condominium Property Act to make provisions in condominium declarations, which tied the hands of condominium boards and prevented them from protecting the rights of associations as against public policy. Mr. Weisberg then testified in support of the bill and negotiated the final amendments to the bill with various organizations. The bill passed and subsequently became law.

Mr. Weisberg is a delegate of the Engineers Joint Contract Document Committee (EJCDC) and chaired its Task Force that published the first form public private partnership (P3) agreement in the United States in 2013. He served as the vice chair of the EJCDC for the 2011–2012 committee year and chair for the 2012–2013 committee year. He is a member of the Society of Illinois Construction Attorneys and a member of the Illinois State Bar Association (ISBA) Construction Law Counsel. He was named an honorary fellow at the Center for Legal Studies in Salzburg, Austria, in 2002. In addition, Mr. Weisberg is a member of the American Bar Association’s Construction Forum and serves as section counsel on the Illinois State Bar Association’s Construction Law Section. Mr. Weisberg was named a Illinois Leading Lawyer in construction law by the Leading Lawyer Network in 2006 and 2011–2017. He was also named an Illinois Super Lawyer by Law and Politics magazine for construction litigation in 2006 and 2012–2017. He is a Martindale-Hubbell Peer Review AV Rated attorney. Before that, he was a registered professional engineer in both Illinois and Florida. During his engineering career, Mr. Weisberg was involved in the design and evaluation of various structures including transit structures, fixed and movable bridges, and offshore naval facilities.

Prior to joining K&L Gates, Mr. Weisberg was a partner in the Chicago office of a U.S. law firm.

Achievements

  • Named honorary fellow at the Center for Legal Studies in Salzburg, Austria, 2002.
  • Named Illinois Leading Lawyer in construction law by the Leading Lawyer Network, 2006 and 2011–2017.
  • Named an Illinois Super Lawyer by Law and Politics magazine for construction litigation, 2006 and 2012–2017.
  • Martindale-Hubbell Peer Review AV Rated attorney.

Professional/Civic Activities

  • Delegate of the EJCDC
    • Chair, 2012–2013
    • Vice chair, 2011–2012
    • P3 Subcommittee Task Force Chair 2010 – Present
    • Member Society of Illinois Construction Attorneys appointed to steering committee for term beginning September, 2017
    • Appointed to ISBA Construction Law Counsel 2010 – Present
    • Member of American Bar Association Construction Forum Member of American Society of Civil Engineers
    • Arbitrator - American Arbitration Association, Construction Panel

Speaking Engagements

Mr. Weisberg has given seminars and webinars on P3 Agreements, drafting design, construction, design build and integrated project delivery agreements, litigation, dispute resolution, insurance coverage, engineering ethics and surety issues, both locally and at national conferences.  Mr. Weisberg also participated in the development of the Associated General Contractors (AGC) BIM Unit 3 Course titled “Contract Negotiation and Risk Allocation” and was an AGC instructor of that course. A listing of selected presentations by Mr. Weisberg includes:
  • “The New Standard Form Contract Changes and Current Trends,” 2017 COAA-IL Summer Workshop, June 8, 2017.
  • “Understanding a Construction Contract,” Illinois State Bar Association, Chicago, Illinois April 7, 2017.
  • “Finance and Delivery in the 21st Century Utilizing Alternative Delivery Methods and Private Participation,” ASCE CI Summit, March 2017, Anaheim, California.
  • “Negotiating the P3 Agreement,” Kentucky Public, Private Partnerships Conference, October 28, 2016, Lexington, Kentucky.
  • “From Opening To Close - A Construction Trial and the Technology To Win Your Case,” A Mock Trial Presented by the ISBA, October 23, 2015. Mr. Weisberg presented the cross examination of the plaintiff’s witnesses.
  • “Contract Provisions for Projects Utilizing the Lean Construction Process” Society of Illinois Construction Attorneys, August 18, 2015.
  • “A Detailed Look at Newly Released P3-508 Form for Public Private Partnerships,” ABA, ASCE, ACEC, and NSPE Webinar, November 12, 2014.
  • “The New Consensus and American Institute of Architects Documents,” Illinois State Bar Association Law Ed’s Construction Law, What’s New in 2010, November 2010.
  • “Perfecting Mechanics Liens and Bonds Claims on Public Projects,” Illinois State Bar Association Law Ed’s Mechanics Liens and Construction Claims, April 2010.
  • “Construction Contracts,” Construction Expo, March 5–6, 2008.
  • “Preparing for Claims During the Contract Negotiation Stage of the Project,” Lorman Education Services, November 14, 2007.
  • “The Fundamentals of Construction Contracts: Understanding the Issue in Illinois,” Lorman Education Services, April 12, 2007.
  • “If it Doesn’t Fit, You Still Must Acquit (Legal Considerations for Engineers),” 4th Annual SEAOI Midwest Bridge Symposium, April 26, 2006.

Additional Information

Other Professional Licenses

  • Registered Professional Engineer Illinois and Florida
Published Opinions
  • Solai & Cameron, Inc. v. Plainfield Cmty. Consol. Sch. Dist. No. 202, 374 Ill.App.3d 825 (3rd Dist. 2007).
  • Torraco v. Am. Airlines, Inc., 1996 WL 6560 (N.D.Ill 1996).
  • Guarantee Co. of N. Am. v. Moecherville Water Dist. et al., 2007 WL 2225834 (N.D.Ill 2007).
  • Comtel Tech., Inc. v. Paul H. Schwendener, Inc. 2005 WL 43327 (N.D.Ill. 2005).
  • Cordeck Sales, Inc. v. Constr. Sys., Inc. Ill. App. 1 Dist., 2008. (887 N.E.2d 474).
  • River Plaza v. Healey, 389 Ill.App.3d 268 (1st Dist. 2009).
  • Sienna Court Condo. Ass’n v. Champion Aluminum Corp. et al., 2017 Il.App (1st) 143364.
Experience
  • 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 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 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.
  • Negotiate and prepare construction contract for 2.5 mile roadway.
  • 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 resulted 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, construction, 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 warranty claims relating to operation of gate valves on24 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 completion and payment obligations.
  • Representation of contractor against state relative to delays, liquidated damages, 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 trade contractor relative to mechanics lien claim following the failed construction of an ethanol plant in Nebraska in litigation through mediation.
  • Representation of subcontractor in dispute with contractor in pursuing lien, bond, and prompt payment claims while defending against counter-claim relative to construction of HVAC system for school resulting in judgment on behalf of subcontractor in excess of $1.2 million.
  • 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.
  • Representation of electrical contractor in prosecution of mechanics liens against developer and lender on condominium building construction project.
  • Representation of contractor in litigation and mediation relative to owner defect claims on waste water treatment facility construction project.
  • 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 plants for three separate projects.
  • Representation of mechanical contractor relative to dispute with general contractor relative to completion, 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 raceway.
  • Representation of large institutional owner relative to drafting for 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 condition 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 of 70 year old, three span, four track railroad bridge.