Jenner & Block – Chicago – 1982-1984 (associate)
Sachnoff & Weaver, Ltd. – Chicago – 1984-2007 (Partner and Chairperson Construction Law Practice Group) (merged with Reed Smith 2007)
Barnes & Thornburg, LLP – Chicago – 2007-present (Partner and Chairperson Construction Law Practice Group)
Clifford J. Shapiro is a partner in the Chicago office of Barnes & Thornburg LLP and Chairperson of the Construction Law Practice Group which consists of attorneys in the firm’s thirteen offices. He is ranked as a “Band One” construction attorney by Chambers USA, and in addition to being a Fellow in the ACCL he is an inaugural member of the American College of Coverage Counsel (ACCC). He is also listed as a top construction lawyer by Best Lawyers In America, Illinois Super Lawyers and Leading Lawyers.
Mr. Shapiro handles matters in mediation, arbitration and litigation on behalf of public entities, owners and contractors. His practice has involved virtually every kind of claim or dispute related to a construction project, including construction defect claims, architect and engineering professional liability claims, claims for delay and disruption and business disputes that arise between construction project partners. Specific matters include representation of a large oil company in connection with various claims arising out of a multi-billion refinery modernization project, a large municipality in connection with claims arising out of a multi-billion dollar runway expansion project, a prime subcontractor in an arbitration matter involving a 17 story hospital building where the owner alleges damages in excess of $100 million, and various other matters involving developers, owners and contractors in connection with construction related claims.
Mr. Shapiro also represents construction industry clients in their capacity as policyholders seeking insurance coverage. He negotiates and, when necessary, litigates insurance coverage claims on behalf of construction industry and other policyholder clients. Mr. Shapiro’s published articles regarding insurance coverage for construction defect claims are recognized nationally, and have been cited and quoted in several state supreme court decisions including Sheehan Construction Company, Inc. v. Continental Insurance Company, 935 N.E.2d 160 (Ind. Sup. Ct. 2010) and Westfield Ins. Co. v. Custom Agri Sys., Inc., 2012 Ohio Lexis 2485 (Ohio Sup. Ct. 2012). Mr. Shapiro is an active member of the ABA Insurance Coverage Litigation Committee, and he writes and speaks regularly about construction and related insurance issues.
Mr. Shapiro received his B.A. magna cum laude from Washington University in St. Louis and his J.D. with High Honors from George Washington University Law School in Washington, D.C, where he was a member of the Law Review and awarded Order of the Coif.
ABA Forum Committee on the Construction Industry, American Arbitration Association – National Roster of Arbitrators, Society of Illinois Construction Attorneys (past president), American College of Coverage Counsel.
SELECTED CASES THAT CITE AND/OR QUOTE CJS ARTICLES
K&L Homes, Inc. v. American Family Mutual Ins. Co., 2013 WL 1364704 (N. Dakota Sup. Ct. 2013 (majority decision; prior law overruled)
Westfield Ins. Co. v. Custom Agri. Sys., Inc., 979 N.E.2d 269 (Ohio Sup. Ct. 2012) (dissenting opinion)
Greystone Construction, Inc. v. National Fire & Marine Ins. Co., 661 F.3d 1272 (10th Cir. 2011) (applying Colorado law)
Sheehan Construction Company, Inc. v. Continental Insurance Company, 935 N.E.2d 160 (Ind. Sup. Ct. 2010) (majority decision; prior law overruled)
United States Fire Ins. Co. v. J.S.U.B., 979 So. 2d 871, 886 n.9 (Fla. 2007)
Lee Builders, Inc. v. Farm Bureau Mutual Ins. Co., 137 P.2d 486, 491-494 (Kan. Sup. Ct. 2006)
Lennar Corp. v. Great American Ins. Co., 200 S.W.3d 651, 672-673 (Tex. App. 2006)
General Security Indemnity Co. of Arizona v. Mountain States Mutual Cas. Co., 205 P.3d 529 (Colo. App. 2009)
SELECTED SPEAKING ENGAGEMENTS AND PUBLICATIONS
| March 27, 2015 | National Subcontractors Alliance – Spring Conference
Austin, TX Presentation to Attorneys Council: Insurance Coverage for Construction Defect Claims and How Best To Defend Against Them |
| February 20, 2015 | American College of Construction Lawyers – Annual Meeting
Key Biscayne, FL Co-Chair – Insurance Coverage Subcommittee Publication: Updated 50 State Survey – “Occurrence” Issue Panel Presentation: New case law regarding the “contractual liability exclusion,” current issues regarding additional insured coverage, annual update regarding the “occurrence” issue. |
| December 15, 2014 | Publication:
Construction Law Update (Barnes & Thornburg Newsletter) New Illinois Ruling Enforces Cause of Action Accrual Provisions and Holds that Express Indemnity Claims In A Construction Contract Are Subject to a 10 Year Statute of Limitations |
| October 16, 2014 | ABA Forum on the Construction Industry
Fall Meeting – Chicago, IL Presentation: Insurance Coverage for Defective Construction – From the Subcontractor’s Perspective (including review of the “occurrence” issue and relevant policy exclusions) |
| May 17, 2014 | Barnes & Thornburg Construction Law Group
Seminar/CLE – Minneapolis, MN Presentation Topics: Insurance Coverage For Construction Claims (including “wrap” insurance issues); Unmasking The Complex World of Government Contracting
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| May 7, 2014 | American College of Coverage and Extracontractual Counsel
Annual Meeting – Chicago, IL Publication: 50 State Survey of the “Occurrence” Issue Presentation: 2013-2014 Update of the “Occurrence” Issue, including a review of the five new state supreme court decisions that were issued during 2013 and the emergence of state statutes. |
| April 10, 2014 | ABA Forum on the Construction Industry
Annual Meeting – New Orleans, La. Publication – “Waiter There Is A Fly In My Soup: The Owner’s Discovery of Defective Work In Progress” Presentation – Plenary Session No. 2 (over 500 attendees): Discussion about the difficult issues that can arise when construction defects are discovered during the course of a construction project. Topics included the emerging issue about the use of random sampling and extrapolation evidence to prove a systemic defect, and potential spoliation defenses that can arise when defective work is repaired or replaced.
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| April 1, 2014 | Publication:
Construction Law Update (Barnes & Thornburg Newsletter) Alabama Supreme Court Withdraws and Re-Issues Decision to Find ‘Occurrence’ for Construction Defect Claim |
| February 21, 2014 | American College of Construction Lawyers – Annual Meeting
Scottsdale, AZ Co-Chair – Insurance Coverage Subcommittee Publication: 50 State Survey of the “Occurrence” Issue Presentation: 2013-2014 Update of the “Occurrence” Issue, including a review of the five new state supreme court decisions that were issued during 2013. |
| October 8, 2013 | Critical Issues in Construction Litigation – Chicago, IL
Presented by the Illinois Institute of Continuing Legal Education/Society of Illinois Construction Attorneys Presentation: “Insurance Coverage for Construction Claims” |
| June 3, 2013
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Chicago Bar Association
Construction and Mechanics Lien Subcommittee Presentation: Insurance Coverage For Construction Defect Claims: The “Occurrence” Issue Under Illinois Law And The Split of Authority In Other States
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| April 26, 2013 | ABA Forum On The Construction Industry – Annual Meeting
Dana Point, CA Presentation: The Next Wave In Insurance Coverage For Construction Defect Claims: State Statutes And The “Occurrence” Issue Publication: 50 State Survey of the “Occurrence” Issue |
| March 1, 2013 | ABA Insurance Coverage Litigation Committee Meeting
Tucson, Arizona Presentation: Recoupment of Defense Costs: Can The Insurance Company Recover Back Defense Costs Upon A Later Determination of No Duty to Defend? |
| March, 2013 | Publication:
Illinois Institute For Continuing Legal Education (IICLE) Real Estate Litigation Practice Handbook Chapter 9 – Loan Commitment Litigation and the Illinois Credit Agreements Act
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| February 22, 2013 | American College of Construction Lawyers Annual Meeting
Coral Gables, Florida Presentation: Update: The “Occurrence” Issue In The Construction Defect Claim Context Publication: 50 State Survey of the “Occurrence” Issue |
| February, 2013 | Publication:
Illinois Institute For Continuing Legal Education (IICLE) Pre-Construction Issues Practice Handbook Chapter 10 – Insurance Coverage For Construction Defects |
Illinois State and Federal Courts
Trial Bar N.D. IL