Adjacent Landowner Act
Conway & Mrowiec regularly advises and represents clients where adjacent buildings are present and special construction statutes such as the Illinois Adjacent Landowner Excavation Act. Conway & Mrowiec is one of the few firms in the City that has actually tried a case under this statute. The requirements of the state statute and the Chicago Municipal Code are intended to protect buildings that are located near new construction sites from damage by excavation for the new project.
- School. Resolved 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.
- Residential Condominium and Parking Garage. Represented earth retention subcontractor in jury trial by adjacent owner for damage during earth retention sheet driving and subsequent excavation/dewatering. Convinced court to dismiss negligence claim with prejudice and client found to have only minimal responsibility, despite the strict liability imposed by the statute.
- 29 Story Residential Building. Represented developer of Philadelphia residential high-rise on all adjacent owner issues including notice, insurance, demolition, survey and vibration monitoring.
- Urban Park. Represented developer of urban park in litigation against allegedly “adjacent” owner seeking to enjoin demolition of existing structures and fill of existing foundations.
- 32 Story University Tower. Represented Owner’s representative of private university high-rise academic and residence structure bounded by landmarks on all adjacent owner issues including notice, insurance, demolition, survey, underpinning, excavation and vibration monitoring.
- 45 Story Office Building. Represented developer of Chicago office building under construction on all adjacent owner issues including notice, insurance, demolition, survey, underpinning, excavation and vibration monitoring.
- 20 Story Office Building. Represented developer of lower Manhattan office building under construction regarding insurance claims involving movement of adjacent structure and subsequent bracing and delay expense on ongoing project.
- High Rise Condominiums. Defended earth retention contractor on four separate adjacent owner suits on four projects resulting in settlements after discovery in three of four cases for nuisance amounts and in fourth case for estimated remaining defense costs.
- Mid-Rise Retail and Condominiums. Defended caisson subcontractor resulting in nuisance settlement after discovery.
- High Rise Condominium. Represented general contractor regarding threatened claims arising from pile driving activities convincing adjacent owners that vibrations were not of a level to cause structural damage.
- High-Rise Charitable. Represented general contractor in ongoing disputes with adjacent owner throughout construction who continuously interfered with construction of a well-known charity’s Chicago location.