Home



Printable Version
Josh M. Leavitt  Partner
Chicago  +1.312.807.4316
Fax +1.312.827.8115
josh.leavitt@klgates.com Add to Outlook Contacts


Areas of Practice • Representative Experience • Speaking Engagements • Court Admissions • Bar Admissions • Education • Achievements

Areas of Practice

Josh Leavitt concentrates his practice in construction and real estate litigation. He has almost 25 years of commercial litigation experience, including over 20 years of experience in litigating construction and real estate disputes.

Mr. Leavitt has litigated a wide variety of construction and real estate claims, most typically involving issues 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 and commercial lease disputes.

His representation of owners, contractors, architects, engineers, manufacturers and tenants has ranged 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, delay and disruption claims consultants, as well as architects and builders of varying specialties.

Mr. Leavitt brings to his construction law and real estate litigation practice substantial experience in litigating general commercial disputes in other industries. Examples include co-chairing 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.

Representative Experience
  • 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  for releasing.
  • Assist 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.
  • First-chaired 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.

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 and changes to industry form contracts. 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.

Publications
Mr. Leavitt has authored numerous articles for leading construction law publications including, but not limited to, the following recent articles:
  • “Toward a Unified Theory of Damages in Construction Cases Part I: Navigating Through the Diminution of Value vs. Cost of Repair Debate in Defect Cases and Allocating Burdens of Proof,” Journal of the American College of Construction Lawyers, Winter 2008 (co-author).
  • “Toward a Unified Theory of Damages in Construction Cases:  II – The Search for Unifying Theories in Common Law and Statutory Approaches to Treatment of Prejudgment and Postjudgment Interest Awards on Prevailing Construction Damages Claims,” Journal of the American College of Construction Lawyers, Spring 2008 (co-author).

Court Admissions
  • U.S. District Court for the Northern District of Illinois (including the Trial Bar)

Bar Admissions
  • Bar of Illinois
Education
  • J.D., New York University School of Law (1985)
  • B.A., Yale University (1982)
Achievements
  • Society of Illinois Construction Attorneys (Elected in 2005)
  • "Super Lawyer" in the field of construction litigation (Chicago Magazine, since 2006)
  • Chambers' USA America's Leading Lawyers for Business in Illinois construction law section (Since 2007)
  • 2009 and 2010 Best Lawyers in America in Construction Law


PRACTICES & INDUSTRIES
Commercial Disputes
Construction and Engineering



Terms and Conditions of Use • Privacy Policy • Copyright and Trademark Notice • Use of Cookies • RSS 
©1996-2010 K&L Gates LLP. All Rights Reserved.

K&L Gates is comprised of multiple affiliated entities: a limited liability partnership with the full name K&L Gates LLP qualified in Delaware and maintaining offices throughout the United States, in Berlin and Frankfurt, Germany, in Beijing (K&L Gates LLP Beijing Representative Office), in Dubai, U.A.E., in Shanghai (K&L Gates LLP Shanghai Representative Office), in Tokyo, and in Singapore; a limited liability partnership (also named K&L Gates LLP) incorporated in England and maintaining offices in London and Paris; a Taiwan general partnership (K&L Gates) maintaining an office in Taipei; a Hong Kong general partnership (K&L Gates, Solicitors) maintaining an office in Hong Kong; a Polish limited partnership (K&L Gates Jamka sp. k.) maintaining an office in Warsaw; and a Delaware limited liability company (K&L Gates Holdings, LLC) maintaining an office in Moscow. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners or members in each entity is available for inspection at any K&L Gates office.

Portions of this Web site may contain Attorney Advertising under the rules of some states. Prior results do not guarantee a similar outcome.