Biography

Mr. Smith is a partner in Seyfarth Shaw's Litigation Practice Group, where he concentrates his practice in construction law and commercial litigation.

Mr. Smith, formerly a practicing engineer, has represented individuals and public and private companies in a broad range of construction claims involving multi-party disputes; condominium disputes; lien and foreclosure proceedings; actions for specific performance; breaches of contract; breach of fiduciary duty; fraud; and consumer and deceptive practices.  His experience includes disputes involving design and construction errors, breaches of contract, delay claims, public and private mechanic liens, and surety performance issues.  He has also represented clients in cases involving issues relating to construction accidents, commercial liability, premises liability, products liability, and wrongful death.  In addition to state and federal court practice, his experience encompasses complex mediation and arbitration proceedings.

Prior to joining Seyfarth Shaw, Mr. Smith spent more than ten years involved in the design and construction of a variety of award winning projects including the Dan Ryan Expressway Reconstruction, the Deep Tunnel Project, and the State and Van Buren Elevated Transit Station.  He served clients in such diverse areas as structural design, construction sequencing, and cost analysis.  This background provides Mr. Smith with a unique perspective and insight into the legal issues facing his clients and the construction projects that are the foundation of those disputes.

Among his many accomplishments, Mr. Smith has:

• Obtained a jury verdict at trial for the owner against a general contractor for improper performance of its contract obligations and for damage caused to surrounding property.
• Obtained summary judgment on behalf of a subcontractor against which the general contractor and owner sought to collect several million dollars of delay and compensatory damages related to the construction of a nursing home.
• Obtained recovery for a subcontractor in a lawsuit to recover the outstanding balance owed on a contract in excess of $18 million for the installation of a steel curtain wall on a commercial building.
• Secured dismissal of claims for indemnification brought by an architect against a general contractor where both parties had been charged with various failures of performance by a municipal corporation that hired them, respectively, to design and to build a public library. 
• Participated in the reviewing and revising of form contracts and general conditions, and the drafting of contracts, between owners and design professionals, owners and general contractors, and general contractors and subcontractors.
• Successfully mediated a lawsuit on behalf of a general contractor for the remaining contract balance plus extras related to an addition at a waste water treatment plant.
• Successfully mediated a lawsuit on behalf of an owner for costs incurred and delays encountered on an upscale condominium project.
• Successfully defended a contractor by obtaining the dismissal of three amended complaints brought by a subcontractor related to equipment supplied for the construction of a mid-rise condominium building.
• Obtained summary judgment and enforcement of a mechanics lien for a design professional for services performed on a planned mid-rise condominium development.

Education

J.D., IIT/Chicago-Kent College of Law (1996)
B.S., University of Michigan (1990)

Admissions

• Illinois

Courts

• U.S. District Court for the Northern and Southern Districts of Illinois