Josh M. Leavitt

• Much Shelist, P.C.
• K&L Gates LLP/Bell, Boyd & Lloyd (merger)
• Stein, Ray & Conway
• McDermott, Will & Emery

Josh has over 25 years of construction law experience.

On the disputes side, he has handled claims 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, commercial lease and other disputes. His experience is evenly divided between mediation, arbitration and traditional litigation.

Josh 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 stone cladding on high-rise and super tall buildings to oil refinery instrumentation and control systems to process piping in alternative energy plants to structural concrete, expansion joints and handrails in a prominent sports stadium. He has presented and cross-examined numerous types of expert witnesses, including structural, mechanical, soil, instrumentation, control system, process and chemical engineers; material scientists; roofing, HVAC, and other building system consultants; estimating, scheduling and damages experts; and  architects and builders of varying specialties.

On the transaction side, Josh counsels clients on delivery system selection, contract negotiation, risk management and licensing matters. His 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 Affiliations

ABA Forum Committee on the Construction Industry,Society of Illinois Construction Attorneys

Honors/Awards

• American College of Construction Lawyers (Elected as Fellow in 2010)
• Society of Illinois Construction Attorneys (Elected as member in 2005 and as officer in 2012, elected Vice President 2015)
• Chambers’ USA America’s Leading Lawyers for Business in Illinois construction law section (Since 2007)
• “Super Lawyer” in construction litigation (Chicago Magazine, since 2006)
• Recognized annually since 2009 by Best Lawyers in America, Leading Lawyers, and Legal 500 in Construction Law
• Rated “AV Preeminent” by Martindale Hubbell for over ten years
• Awarded Benjamin Silliman Cup, Silliman College, Yale University

Josh has been a frequent author and presenter of construction industry and litigation topics. Recent papers and presentations include:

• “The Use of 3D Printing in the Construction Project of Today and Tomorrow” (co-panelist), American College of Construction Lawyers Annual Conference
• “Brave New Extruded World: Legal Issues Arising In the Construction Industry From the Use of Additive 3D Priting Technology” (co-author), American College of Construction Lawyers Annual Conference, February 2015
• “And You Tought You Were There to Fix Someone Else’s Problems?”, Chicago Chapter of International Concrete Repair Institute, February 2015
• “Cyber and Technology Risk Insurance for the Construction Sector”, Construction InSites and National Law Review, December 2014
• “Those Pesky Forum Selection Clauses”, Construction InSites and National Law Review, December 2014
• “Arbitrators Finally Get E-Discovery”, Corporate Counsel, October 2014
• “Latest Trends in Ethics Issues in Arbitration”, Practising Law Institute, June 2014
• “2014 Update: UPL Restrictions Applicable to ADR Proceedings,” Practicing Law Institute, Building Better Construction Contracts Course book, June 2014
• “E-Discovery and Arbitration”, College of Commercial Arbitrators (Midwest Section), Spring 2014
• “Legal Issues in Real Estate Constrction”, DePaul Graduate School of Business at Depaul University
• “Using Arbitration Agreements to Manage Arbitrations Costs and Risks”, Inside Counsel, May 2014
• “Cyber Risk For Contractors” (Co-panelist), Mechancial Contractors Association, April 2014
• “The Use and Abuse of Expert Witnesses in Arbitration” (co-presenter), Forensic Expert Witnesses Association, Winter 2014
• “Climbing Out of the Abyss: A Bankruptcy Primer for the Construction Lawyer”, Chicago Bar Association, Mechanics Lien Subcommittee (co-panelist), February 2014
• “You May Think It’s Enforceable, But It’s Not:  Drafting Contract Provisions That Hold Up in Your Jurisdiction”, Construction InSites and National Law Review, February 2014
• “No Damages For Delay Clauses”, Constrution InSites and National Law Review, February 2014
• “Innovation and Trends That Will Change the Industry – Legal Perspective,” Willis Chicago Risk Conference, May 2013
• “Multi-Jurisdictional Approaches to Key Construction and Design Risks,” Guest Lecturer, Advanced Real Estate Transactions Class, DePaul Law School, March 2013
• “Construction Contracts/Escrows/Lender Issues,” 14th Annual PLI Commercial Real Estate Institute, November 2012
• “Careful What You Ask For: Ten Construction and Design Contract Provisions That May Be Unenforceable,” 14th Annual PLI Commercial Real Estate Institute, November 2012
• “A Construction Lawyer’s Perspective on the Construction Loan Process,” 14th Annual PLI Commercial Real Estate Institute, October 2012
• “M & A Trends and Issues for Construction and Design Firms,” Program hosted by Willis Group, September 2012
• “Structural Engineers as Expert Witnesses,” Structural Engineers Association of Illinois, September 2012
• “Toward a Unified Theory of Damages in Construction Cases, Part III – Damages in Terminations for Convenience,” Journal of the American College of Construction Lawyers, Summer 2012
• “Developing and Monitoring E-Discovery Budgets,” Executive Counsel Institute, June 2012
• “Effective Use of Project Controls in Avoiding and Resolving Disputes (Legal Implications)”, AACE & CMAA Annual Symposium, Spring 2012
• “Legal Perspectives on Construction Insurance Issues,” Major Construction Projects: Key Risk and Insurance Strategies seminar, January 2012
• “Construction Contracts/Escrows/Lender Issues,” 13th Annual PLI Commercial Real Estate Institute, November 2011
• “Understanding and Comparing Alternative Delivery Systems: A Return to First Principles,” 13th Annual PLI Commercial Real Estate Institute, November 2011
• “Construction Company M&A Due Diligence,” Engineering & Construction Risk Institute Sponsors Meeting, June 2011
• “Delivery Systems and Construction and Design Contract Risks,” Guest Lecturer, Advanced Real Estate Transactions Class, DePaul Law School, Spring 2012
• “Creating a Better Design Build Agreement” (co-presenter), Practising Law Institute, April 2011
• “Navigating State Design Build Statutes in the Wake of a Turned Federal Battleship,” Practising Law Institute, April 2011
• “Construction Contracting,” 12th Annual PLI Commercial Real Estate Institute, November 2010
• “Show Me the Green:  Owner-Oriented Provisions for a Mock Green Building in Contract Negotiations,” GreenBuild International Conference and Expo, Education Seminar, November 2010
• “Risk Management, Liability & Insurance on Sustainable Projects” (co-presenter), GreenBuild International Conference and Expo, Education Seminar, November 2010
• “Green Sticks and Carrots:  What Federal, State and Local Governments are Doing to Regulate Green Development” (co-presenter), Practising Law Institute, July 2010
• “Green Building is Big Business and Carries Potentially Big, But Manageable, Liability Risks,” Practising Law Institute, July 2010
• “The Illinois Supreme Court’s Weather-Tite Decision” (co-presenter), Society of Illinois Construction Attorneys, December 2009
• “Construction Contracts,” 11th Annual PLI Commercial Real Estate Institute, November 2009
• “Tips to Avoid Construction Litigation: Focus on Extra Work and Schedule Impact Claims,” Midwest Section of AACE International, September 2009
• “Contractor Payment Issues Where Choice of Law and Jurisdiction Matter,” ALI-ABA Practising Law Institute Seminar, August 2009
• “Construction Industry Controversies: Analyzing and Preventing Contract Provision Disputes,” ALI-ABA Seminar, August 2009
• “Identifying and Allocating Major Design and Construction Risks: Dealing With Killer Clauses” (co-written and co-presented), Practising Law Institute, May 2009
• “Analyzing Construction Defect Damages,” Society of Illinois Construction Attorneys, December 2008
• “Damages for Delay,” presented at Advanced Concepts in Construction Delay and Disruption Claims Symposium, Illinois Institute for Continuing Legal Education, December 2008
• “Killer Contract Clauses and How to Survive Them,” Mechanical Contractors Association Executive Forum, November 2008
• “Construction Contracts,” 10th Annual PLI Commercial Real Estate Institute, November 2008
• “Overview of American Institute of Architects 2007 A-Series Documents” (co-author), 10th Annual PLI Commercial Real Estate Institute, November 2008
• “Toward a Unified Theory of Damages in Construction Cases: II – The Search for Unifying Theories in Common Law and Statutory Approaches to Treatment of Pre-judgment and Post-judgment Interest Awards on Prevailing Construction Damages Claims,” Journal of the American College of Construction Lawyers (co-author), Summer 2008
• “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 (co-author), Winter 2008
• “Concrete from A to Z (Legal Perspective)” (co-presenter), Concrete from A to Z symposium, Lorman Education Services, Spring 2008
• “Killer Clauses Concrete Contractors Should Avoid,” Concrete from A to Z symposium, Lorman Education Services, Spring 2008
• “Identifying and Negotiating Major Design and Construction Risks,” Practising Law Institute, February 2008
• “Construction Loans/Lender’s View of the Construction Process,” 9th Annual PLI Commercial Real Estate Institute, October 2007
• “Delay, Disruption and Inefficiency Claims: Do They Really Differ” (co-presenter), Practising Law Institute, March 2007
• “Battleground Areas in the Enforcement of No-Damages-for-Delay Clauses (2007 Update)” (co-author), Practising Law Institute, March 2007
• “Condominiums: Opportunities & Pitfalls” (co-presenter), The Seminar Group, February 2007
• “Five Ways a Condo Association Can Mess Up a Defective Work Claim,” The Seminar Group, February 2007
• “Delay, Disruption and Inefficiency Claims” (co-presenter), Practising Law Institute, April 2006
• “Battleground Areas in the Enforcement of No-Damages-for-Delay Clauses,” Practising Law Institute, April 2006
• “Practical Electronic Discovery Tips for Construction Lawyers,” Society of Illinois Construction Attorneys, January 2006
• “Delay vs. Disruption vs. Inefficiency Claims: Do They Really Differ” (co-presenter), Practising Law Institute, Spring 2005
• “Recent Trends in Exceptions to Enforceability of No-Damages-for-Delay Clauses” (co-author), Practising Law Institute, Spring 2005
• “Delay vs. Disruption vs. Inefficiency Claims: Do They Really Differ” (co-presenter), Practising Law Institute, Spring 2004
• “End-Running Contractor Delay Claims in Illinois” (co-author), Practising Law Institute, Spring 2004

• Illinois Bar
• United States District Court for the Northern District of Illinois (including its Trial Bar)

• Finance Committee appointed by North Shore School District 113
• Guest Lecturer, construction law topics, Advanced Real Estate Law, DePaul Law School
• Charitable activities
• AYSO Soccer Coach