James P. Chivilo is an attorney who concentrates his practice in the areas of law involving construction, insurance, property and mechanic lien. Mr. Chivilo is a member of Holland & Knight's Chicago Litigation Group and National Construction Industry Practice Group.
Mr. Chivilo's legal experience focuses on the representation of construction industry members in construction contract procurements, disputes, litigation, claims and project failures in state and federal trial courts, proceedings before governmental agencies and arbitration and mediation tribunals. He has represented private and public owners, property developers, industrial road contractors, general contractors, construction managers, specialty contractors and subcontractors, underground contractors, municipalities, governmental entities, banks and private equity lenders, in situations involving corporate representation, claim administration, project management, multijurisdictional 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 failures and claims, including delay, design, scheduling, defect, finance, funding, payment structures and project financial workouts; construction industry union and pension fund liability disputes; labor and employment issues; Employee Retirement Income Security Act (ERISA) and pension fund liability in the context of corporate merger, acquisition, transfer and sale; analysis of minority, disadvantage and veteran business enterprise qualification, certification and auditing; representation of clients with claims for projects and disputes in bankruptcy court; federal Miller Act, state mechanic lien and bond claims; insurance coverage claim management and disputes; post-trial judgment prosecution involving asset and corporate liquidation; 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 and project developments, luxury private homes, airports, senior and low-income housing developments, tollway and road systems, interstate and local highway construction, underground utilities, energy utilities, hydroelectric power plants, underground tunneling, horizontal boring and directional drilling, and other projects related to both public and private construction work.
Mr. Chivilo is a member of the firm's Construction practice that was ranked seventh among The Top 50 Construction Law Firms™ for 2020 by Construction Executive magazine, and received a top-tier ranking by The Legal 500 United States guide for 2020.
Prior to joining Holland & Knight, Mr. Chivilo's practice involved the representation of 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 insurance issues involving builders risk, commercial general liability, employment, property, equipment, business interruption and various other types of insurance policies in resolving claim disputes. This experience has involved matters when he consulted clients on policy reviews and insurance coverage audits for corporate risk management, projects and other claims.
In 2013-2014, he served as the chair of the Chicago Bar Association Construction and Mechanic Lien Law Committee and oversaw the subcommittee responsible for the drafting and preparation of legislation for the amendments and changes to the Illinois Mechanic Lien Act to allow the surety bonding of lien claims under Illinois law.
From 1998-1999, Mr. Chivilo held a clerkship for the Chief Judge of DuPage County. In that capacity he took part in preparing an internal county wide policy regarding issues related to electronic e-mail distribution and internet use for the county government.
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