John S. Mrowiec

20 South Clark Street
Suite 1000
Chicago IL 60603
(312) 658-1100
jsm@cmcontractors.com

John S. Mrowiec is a founding partner in the law firm of Conway & Mrowiec. Mrowiec limits his practice to clients in the construction industry.  Mrowiec represents project participants in contract drafting, contract administration, claim preparation and dispute resolution. He has tried, arbitrated or mediated or otherwise resolved several complex disputes throughout the United States on private and public building, institutional, heavy and industrial construction projects.

Mrowiec's more significant recently concluded dispute resolutions were

  • obtaining summary judgment on behalf of general contractor as Additional Insured on duty of subcontractor’s commercial general liability insurer to defend from owner’s underlying complaint alleging water damage from allegedly defective work finding “occurrence” and “property damage” in $9 million claim;
  • resolving multi-million dollar claim of adjacent owner on behalf of construction project owner after mediation primarily utilizing indemnifying general contractor’s disputed “contractual liability” coverage feature of commercial general liability insurance and subcontractor’s insurance;

  • successfully representing developer of residential high rise in recovering against architect for rework necessary to conform apartments to accessibility requirements;
  • defeating mortgagee’s motion for summary determination of priority resulting in nearly $9 million purchase of foundation contractor’s rights (84% of principal debt) against developer of abandoned project to construct tallest building in the western hemisphere;

  • successfully representing a general contractor in recovering a seven-figure claim on an urban school project in a multi-week arbitration against a earth retention subcontractor involving the cause of damages to an adjacent property and loss of efficiency, delay and acceleration damages on the impacted project through arbitration award, confirmation, subcontractor’s appeal and collection from appeal bond surety; and
  • successfully representing a multiple prime contractor in recovering a seven-figure claim in a multi-week arbitration against an owner involving out-of-sequence work on a hospital project caused by owner’s construction manager and resulting in damages for loss of efficiency, delay and acceleration through award and collection.

Mrowiec has drafted and negotiated more than two billion dollars in construction, construction management, design/build, design and trade contracts.  Mrowiec's more significant recent contract drafting, negotiation and project administration engagements were:

  • $280 million office tower in downtown San Francisco;
  • infrastructure and five-building mixed use development in Boulder, Colorado;
  • forty-one-story apartment tower on Michigan Ave., Chicago;
  • twenty-four-story residential high-rise in River North, Chicago,
  • $90 million Chicago suburban office complex renovation and new construction;
  • $200 million hotel – condominium project in River East, Chicago;
  • thirty-six-story office building in Chicago Loop;
  • nine-story mixed use building in Evanston, Illinois.
  • eight-figure residential compound in Bahamas;
  • high-rise luxury condominium building in Chicago’s Gold Coast;
  • renovation of a vintage high-rise office building into the first Virgin Hotel in the U.S.; and
  • student private housing apartment complexes in North Carolina, Arizona and Kentucky.

Mrowiec has authored over 90 construction law articles.  Mrowiec has addressed construction industry groups on over seventy occasions.  

Mrowiec is a co-author of the chapter on general contractors’ mechanics lien rights in the leading publication concerning Illinois mechanics lien rights, of a chapter on representing the general contractor on Pre-Contract Issues and of a chapter on Delay Claims for “Construction Change Order Claims 2d” in the Wolters Kluwer Construction Law Library.  Mrowiec was selected by his peers to the initial board of Leading Lawyers Network, to “Best Lawyers in America” and Chambers USA, America’s Leading Lawyers for Business.  Mrowiec also holds a Martindale-Hubbell Rating of ‘AV Preeminent.’   In 2014, "Best Lawyers" selected him as "Lawyer of the Year - Construction Law - Chicago."

Mrowiec has authored manuals on the American Institute of Architects’ family of construction contracts and related documents; new developments in construction law; public construction bidding and performance; design/build and construction management contracts and disputes; delay and labor productivity claims; and mechanics lien and payment bond claims. 

Since 2000, Mrowiec has been a member of the Facilities Committee, since 2005, the Board of Trustees, for the period 2010 - June, 2015, Chair of the Facilities Committee, and 2012-15, member of the Executive Committee of the Board, of the Francis W. Parker School, Chicago, Illinois.

Mrowiec currently performs pro bono construction litigation services for clients through Lawyers for the Creative Arts.

Reported Cases:

  • Old Republic Insurance Co. v. Leopardo Companies, Inc., No. 14-2421 (N.D. Ill., March 11, 2015) followed in Westfield Insurance Co. v. National Decorating Service, 147 F. Supp. 3d 708 (N.D. Ill. 2015)
  • Board of Directors of the Prairie District Homes Tower Residences Condominium Association v. Leopardo Companies, Inc., 2012 IL App (1st) 111823-U (Nov. 21, 2012, Rule 23)
  • Lakewood Prairie, LLC v. Ibarra Concrete Co., 2008 U.S. Dist. LEXIS 46185 (N.D. Ill. May 27, 2008)
  • County of DuPage v. Matthei & Colin Associates, 369 Ill. App. 3d 1051 (2d Dist. 2007)
  • Midwest Engineering Services v. International Union of Operating Engineers, Local 150, 2006 U.S. Dist. LEXIS 96524 (N.D. Ill. 2006)
  • Acme Metals, Inc. v. Raytheon Engineers & Constructors, Inc. (In re Acme Metals, Inc.), 257 B.R. 714 (Bankr. Ct. D. Del. 2000)
  • Southwest Financial Bank & Trust Co. v. George Hyman Construction Co., 940 F. Supp. 1331 (N.D. Ill. 1996)
  • United States f/u/b DJM Construction, Inc. v. Rust Engineering Co., 1996 WL 204318 (N.D. Ill. 1996)
  • Mellon Stuart Construction, Inc. v. MWRDGC, 1995 U.S. Dist. LEXIS 3493 (N.D. Ill. 1995)
  • Downey, Inc. v. Bradley Center Corp., 524 N.W.2d 915 (Wis. Ct. App. 1994)
  • In re KNM Roswell LP, 126 B.R. 548 (Bankr. Ct. N.D. Ill. 1991)
  • In re Highland Park Associates LP, 130 B.R. 55 (Bankr. Ct. N.D. Ill. 1991)
  • Mellon Stuart Construction, Inc. v. MWRDGC, 1990 U.S. Dist. LEXIS 7669 (N.D. Ill. 1990)
  • Macomb Interceptor Drainage District v. Kilpatrick, 2012 U.S. Dist. LEXIS 189678 (E.D. Mich. Oct. 31, 2012)
  • J.A. Jones Construction Co. v. Wilmington Trust Co., (In re Resort at Summerlin Litigation), 127 P.3d 1076 (Nev. 2006)
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