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Dennis J. Powers  


Partner

dennis.powers@dlapiper.com

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203 North LaSalle Street, Suite 1900
Chicago, Illinois 60601-1293
United States
T: +1 312 368 7273   F: +1 312 630 5372

Dennis J. Powers concentrates his practice in the litigation of construction disputes and commercial disputes. Mr. Powers' construction litigation practice includes the representation and counseling of owners, contractors, and specialty contractors, in a variety of dispute forums, including mediation, arbitration, and conventional litigation.

Martindale-Hubbell rates Mr. Powers "AV," reflecting preeminent legal ability and the highest professional and ethical standards. Mr. Powers has also been selected for inclusion in Best Lawyers in America, Construction Law and has been designated an Illinois Super Lawyer, as the result of research projects conducted jointly by Law & Politics and Chicago magazines.

Mr. Powers has litigated and tried disputes involving construction defects, delay and extras claims, Structural Work Act claims, minority participation, and mechanic's lien claims in several different forums, including courts across the country and before the American Arbitration Association. In the commercial litigation area, Mr. Powers has represented lenders and borrowers in loan workouts and foreclosure disputes.

Representative Matters

  • Representation of the owner of a Michigan Avenue high rise building in Chicago, Illinois in litigation against a general contractor for defective precast concrete.
  • Defended a developer in litigation brought by a condominium homeowner association for alleged construction defects arising from the conversion of an office building to condominiums.
  • Representation of mezzanine lenders and borrowers in disputes arising from the foreclosures of projects.
  • Defended a developer of a housing development in the South Loop area of Chicago, Illinois against claims by a general contractor for $8 million in extras and delay claims. Also prosecuted owner's defect claims.
  • Defended a REIT in a claim for improper termination of a contractor. Also prosecuted owner's claims for over billing and delay in construction.
  • Representation of a hotel in a claim against an architect for defective design of electrical systems.
  • Defense of a curtainwall contractor in multi-million dollar delay and defect claims involving a downtown office building.
  • Representation of a power plant owner in litigation involving two power plant projects and $50 million dollars in delay and additional compensation claims.
  • Representation of a university hospital in litigation over disputed fees for architectural services.
  • Defended a hotel in a claim for additional compensation by an architect.
  • Defense of a wastewater engineering firm in claims for defective design and construction of a municipal wastewater treatment facility.
  • Representation of a curtainwall contractor in mechanic's lien and breach of contract litigation arising from a stalled downtown multi-use project.
  • Representation of a multifamily residential developer in a dispute involving claims by a general contractor for extras and mechanic's lien claims by unpaid subcontractors.
  • Representation of a lender in the foreclosure of a downtown office building arising from exterior facade failures.
  • Representation of a general contractor in a minority participation compliance arbitration arising from the construction of a major league baseball stadium.
  • Representation of a mall developer in closeout of shopping mall construction following nonpayment of subcontractors and claims by general contractors and subcontractors.
  • Defended the owner of an apartment complex in a retaliatory discharge claim by building superintendent.

Admissions

  • Illinois
  • United States District Court for the Central District of Illinois
  • United States District Court for the Northern District of Illinois (including the Trial Bar)
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the Western District of Michigan
  • United States District Court for the Southern District of Illinois

Memberships

  • Chicago Bar Association
  • American Bar Association
  • Construction Law Forum

Publications

  • "The Owner's Role," Ch. 3, Construction Law, American Bar Association Forum on the Construction Industry (2009)
  • "Condominium, Condo-Hotels, and Timeshares: Unusual Construction Issues in Multi-Owner Projects", The Real Estate Finance Journal, (Spring 2007)
  • "Design Professionals Liability to the Contractor," Ch. 6, Architect and Engineer Liability: Claims Against the Design Professional
  • "Seeking Recovery for Construction Defects," The Real Estate Journal ( Winter 2005)
  • Mechanics Liens in Illinois, IICLE, Chapter 5, Sub-Subcontractors Lien: Requisite for and Perfection Of
  • "Accessibility: Not Just the Owners Responsibility," The Construction Lawyer, American Bar Association, Vol. 21, No. 2 (Spring 2001)

Seminars

  • Speaker, Construction Law for Lenders in Troubled Times. Bankruptcy and Construction: Practical Tips for Survival, Washington, DC (February, 2009)
  • Speaker, Construction Superconference, Handling the Troubled or Failing Project (December, 2008)
  • Speaker, Construction Superconference, Unusual Construction Issues in Multi-Owner Projects (December, 2006)
  • Speaker, Lorman Education Services, Mid-Atlantic Construction Institute (May 2006)
  • Speaker, American Conference Institute, Litigating Construction Defect Claims, Theories of Responsibility and Recovery (June 2001)


EDUCATION

  • J.D., DePaul University 1983
  • B.S., Western Illinois University 1980 with honors

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