James P. Chivilo is a partner who concentrates his practice in the areas of construction, insurance, property and mechanic lien law, as well as general commercial litigation. Mr. Chivilo is a member of Holland & Knight's Litigation Group and National Construction Industry Practice Group.
He practices in state and federal trial courts and before arbitration and mediation tribunals. Mr. Chivilo focuses on the representation of private and public owners, property developers, international and national big-box chain stores, joint ventures, industrial road contractors, excavation companies, road construction contractors, concrete companies, international and national general construction and management companies, underground contractors, utility contractors, municipalities, governmental entities, banks, lenders, construction companies, material suppliers, title insurance companies, corporations, partnerships and individuals in situations involving claim administration, project management, complex litigation and dispute resolution.
For his clients, Mr. Chivilo's practice involves reviewing, negotiating, drafting and preparing construction contracts and change orders; preparing and consulting clients in bid protests; contract claim management; prosecution and defense of project claims, including delay, design, scheduling and defect claims; construction and transportation industry labor and employment issues; prosecution and defense for clients involving substantial building and project failures; consulting and representing clients in project completion and workouts for underfunded projects; representation for clients with claims for projects in bankruptcy court; prosecution and defense of federal and state mechanic lien, bond and contract claims; prosecution of claims against large insurance companies for coverage of claims and claim reimbursement and payment for claims; post-trial judgment prosecution involving corporate liquidation for satisfaction of claims; experience in federal court in the Northern, Central and Southern Districts of Illinois; appearing and representing clients in various judicial county circuit courts throughout Illinois; appearing before arbitration tribunals, mediation panels and third-party neutrals in claim dispute resolution; and providing general construction and key legal and related business consulting advice to industry clients.
Additionally, he has represented clients in projects that involved high-rise hotels, mixed-use developments, condominium projects, major tenant occupied high-rise buildings, big box chain stores, water management and retention systems, commercial high-rise building development and foreclosure, multistory commercial and residential buildings, large residential and commercial developments, luxury private homes, airports, senior and low-income housing developments, tollway and road systems, interstate and local highway construction, underground utilities, energy utilities, underground tunneling, horizontal boring and directional drilling, and other projects related to both public and private construction work.
Of special note, Mr. Chivilo recently completed a jury trial involving a water conduit and product claims on behalf of a construction industry HVAC contractor. The case involved defending the contractor against alleged construction negligence installation and product malfunction claims and from significant property damage liability to a Chicago high-rise building.
Prior to joining Holland & Knight, Mr. Chivilo worked for a Chicago law firm where he represented several national and international insurance companies in matters relating to insurance coverage, construction, general tort and commercial law issues. This experience has allowed him to represent and consult clients through the complex arena of securing insurance coverage through various types of insurance policies for reimbursement to his clients for legal fees and payments on behalf of clients under insurance policies for indemnification of project and contract related claims. He has litigated disputes that involve prosecuting insurance claims against large insurance companies and also consulted clients in insurance coverage audits for project and other claims.
In addition, from 1998-1999, Mr. Chivilo held a clerkship for the chief judge of DuPage County. In that capacity, he took part in preparing a plan and drafting an internal county- wide policy regarding privacy issues relating to e-mail use and distribution of electronic information in the government sector.
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