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Josh M. Leavitt

Partner
Chicago
+1.312.807.4316
Fax +1.312.827.8115

Primary Practice

Secondary Practices

Education

  • J.D., New York University School of Law, 1985
  • B.A., Yale University, 1982

Admissions

  • Bar of Illinois
  • United States District Court for the Northern District of Illinois
  • Biography Overview
  • Additional Background
  • Representative Work
Josh Leavitt concentrates his practice in construction law, including disputes, construction industry contracts, and counseling on construction industry risk. He has over 25 years of construction law experience. Mr. Leavitt is an elected Fellow of the American College of Construction Lawyers.

On the disputes side, Mr. Leavitt has handled a wide variety of claims, often relating to defective design and construction, scheduling, delay, disruption, interference, efficiency loss, out of sequence work, mechanics lien, wrongful termination, extra work, change orders, fraud, construction lending, insurance coverage, bonding, green building/sustainability, and commercial lease disputes. His experience is evenly divided between mediation, arbitration and traditional litigation.

He has represented owners, contractors, architects, engineers, manufacturers and commercial tenants (including some of the world’s largest contractors and design professionals) in connection with matters involving dozens of buildings systems and technologies, ranging from cases involving the design and construction of stone cladding on high-rise and super tall buildings to oil refineries and alternative energy plants to a prominent sports stadium. He has defended and cross-examined numerous types of expert witnesses, including structural, mechanical, soil, instrumentation, control system, process and chemical engineers, a variety of roofing consultants, scheduling and damages experts, and architects and builders of varying specialties.

Mr. Leavitt brings to his construction disputes practice substantial experience in litigating general commercial disputes in other industries. Examples include a successful two-week trial in a highly publicized will contest, and prosecuting and defending temporary restraining order litigation in a variety of commercial and trade secret misappropriation settings. Mr. Leavitt also was part of the team representing mutual fund industry defendants in class action lawsuits and industry-wide government investigations, and the team representing an audit firm in a claim by regulators that an audit opinion masked a “deepened insolvent” position that led to the then largest reinsurance company liquidation in Illinois history. Additionally, he is experienced in electronic discovery issues.

On the transaction side, Mr. Leavitt counsels clients on delivery system selection, contract negotiation, risk management and licensing matters. Mr. Leavitt’s construction law experience is also called upon in corporate counseling to identify and mitigate risk, including in connection with due diligence efforts in M&A transactions, including for one of the world’s largest contractors.

Professional Background

Mr. Leavitt has authored numerous articles for leading construction law publications

Achievements

  • American College of Construction Lawyers (Elected in 2010)
  • Society of Illinois Construction Attorneys (Elected in 2005)
  • Chambers' USA America's Leading Lawyers for Business in Illinois construction law section (Since 2007)
  • "Super Lawyer" in the field of construction litigation (Chicago Magazine, since 2006)
  • Recognized annually since 2009 by Best Lawyers in America, Leading Lawyers, and Legal 500 in Construction Law

Speaking Engagements

Mr. Leavitt lectures on construction and design law topics, including delay and disruption claims, construction damages, liability of design professionals and contractors, electronic discovery, successful mediation and arbitration strategies, wrongful termination, construction defects, claims prevention techniques, negotiating and drafting contracts changes to industry form contracts, advanced and emerging delivery system choices, construction law issues on global infrastructure and P3 projects, construction insurance, green building/sustainability development and due diligence in construction industry acquisitions. Since 2004 he has been a panelist for Practising Law Institute’s leading national construction law symposium in New York and since 2007, a panelist for Practising Law Institute’s Commercial Real Estate Institute. He has also presented to the prestigious Engineering and Construction Risk Institute.
  • Lead construction due diligence team in connection with acquisition by one of the world’s largest development and construction contractors of a leading contractor in the Midwest commercial, industrial and power sector.
  • Represented one the world’s largest engineering firms in connection with a federal lawsuit alleging multi-million dollar cost overruns on a world renowned Museum project.
  • Lead counsel in representation of contractor in dispute involving allegations of multimillion dollar cost overruns, design changes, scheduling delays, disruptions, process pipe welding defects, and wrongful contractor termination in connection with a first of its kind alternative energy plant.
  • Successfully resolved for a developer client multi-million dollar claims relating to the construction of a condominium building in the heart of Chicago’s Northside. The Condominium Association alleged defects in the roofs, façades and other components of the building and also alleged that the developer had breached its fiduciary duties while it was in control of the Association. Our team first triggered insurance coverage for the developer and general contractor after a dispute with the carrier and then obtained dismissal of twelve of the thirteen counts brought against the client. The remaining count was resolved through mediation.
  • Lead counsel in drafting suite of contracts for green building/sustainability consultant.
  • Lead counsel in successful five-week arbitration on behalf of international design-builder of ethanol and other types of process plants. The case concerned the alleged failure of an ethanol plant to meet environmental requirements and other issues. Client was awarded millions of dollars in damages plus its prevailing party attorneys' fees. In addition, the owner's multi-million dollar claims against client were defeated.
  • Lead counsel in successful arbitration of commercial lease dispute. Obtained declaration that client tenant had right to terminate long-term industrial warehouse lease. Defeated landlord's claim for $8.2 million in accelerated rent for the remaining lease period. Defeated landlord's multimillion dollar claim for alleged repairs required to return property to its original leased condition and prepare it for releasing.
  • Assisted state entity with resolution of claims relating to design and construction of a library and museum.
  • Lead counsel representing theater built as part of world-renowned park in defense and resolution of electrical contractor's multi-million dollar mechanics' lien claim seeking alleged delay and efficiency losses.
  • Represented university in multi-party claim seeking recovery of cost to investigate and repair defective components of its renovated and expanded sports stadium. Coordinated successful mediation involving over 70 attorneys.
  • Lead attorney representing roofing system manufacturer in defense of an over $25 million claim that single-ply roofing systems on approximately 150 retail stores around the country were improperly designed and prematurely deteriorating. Argued several winning dispositive motions on substantive and statute of limitations grounds which resulted in dismissals of virtually all of the claims.
  • Lead counsel representing owner of high-rise building in claims against architect and general contractor seeking recovery of cost to repair defective stone façade. Obtained seven figure arbitration award (100% of claim against the architect) and settled separate proceeding against general contractor for balance of damage claim.
  • Lead counsel defending leading audit and accounting firm against over $10 million claim by landlord and office building owner/developer that client breached lease and tortiously interfered with landlord's business when client failed to move in as anchor tenant when landlord did not timely complete build-out. Obtained dismissal of declaratory judgment count and plaintiff's agreement to dismiss tort count, and led effort to resolve remaining contract count.
  • Lead counsel for owner of one of Chicago's most desirable Gold Coast high-rises in successful defeat of tenants' attempt to temporarily and permanently restrain landlord's multi-million dollar building façade repair project.
  • Co-lead counsel for owner in arbitration of multi-million dollar delay, interference and unpaid contract balance claims by general contractor and subcontractor in connection with superstructure concrete, curtainwall and other components of Midtown Manhattan high-rise with internationally acclaimed design.
  • Lead litigation attorney in successful resolution of attempt by lender-insured to create a $10 million claim on title policy by capturing into the borrower's bankruptcy estate U.S. Treasury Notes securing an Oklahoma mechanics' lien judgment.
  • Lead attorney in successful defense of title insurer in case seeking over $18 million in consequential damages due to alleged breach of agreement to provide extended title insurance coverage; wrote and argued winning motion to dismiss on statute of limitations issue of first impression and other grounds.
  • Lead counsel in prosecution of claim for misappropriation of engineering trade secrets and other confidential computer data against former employee of industrial system design firm and his new employer; obtained TRO and preliminary injunction against the two defendants and with a consultant recovered misappropriated computer files, including files "deleted" from the defendant's computers. Following trial, obtained settlement that paid client actual damages and substantial portion of client's attorneys' fees.
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