Litigation

Construction Services

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05 Nov News

Freeborn Welcomes Timothy J. McCaffrey to Construction Services Group

Freeborn & Peters LLP has announced that Timothy J. McCaffrey has joined the firm as a Partner in its Construction Services Practice Group. Previously a litigator at Winston & Strawn LLP in Chicago for 13 years, he has represented some of the largest corporations, private equity funds, and real estate developers, owners and managers.
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Events

Representative Matters

  • Represented owner of 400+ unit multifamily development in the negotiations of a $31,000,000 refinancing and construction loan utilized for renovations and the buyout of a minority partner TIC interest.  

  • Successfully transferred media-generating construction defect claim from public forum to private arbitration forum where claims were favorably resolved without additional negative media attention.

  • Obtained a judgment at trial against the builder of a custom home for its breach of the warranty of habitability arising out of the defective design and installation of the home’s HVAC system.

  • Obtained a dismissal with prejudice of all claims asserted against a general contractor in connection with litigation alleging latent defects in the construction of a nursing home.

  • Defended against numerous mechanic's lien foreclosure claims.

  • Negotiated a successful resolution of dispute between a painting subcontractor, its general contractor and its bonding company over additional costs incurred as a result of the discovery and abatement of asbestos and lead paint.

  • Filed and pursued foreclosure of numerous mechanics’ liens.

  • Represented home builders and commercial real estate developers in defense of foreclosure actions brought by banks seeking to obtain mortgaged property and collect on personal guaranties.

  • Successfully prosecuted complex commercial mortgage foreclosure action on large, multi-family project including defense of multiple lien claims.

  • Represented and was successful on behalf of many subcontractors in asserting mechanic’s lien claims on both public and private projects, and general contractors on private projects including the preparation of the actual liens and the prosecution of the lien litigation itself.

     

  • Represented various contractors in bankruptcy proceedings filed by both upstream and downstream contractors as well as lenders in proceedings filed by mortgagors and grantors.

     

  • Negotiated multi-million dollar contracts for the construction of the Trump Tower and McCormick Place Expansion projects.

  • National and Chicago-based developers in connection with the acquisition, development, construction, leasing, financing and sale of shopping centers and retail properties throughout the United States.

  • Represented large national developer in securing disputed zoning rights for construction of a multi-million dollar shopping center.

  • Successfully appealed a trial court decision resulting in the creation of mechanic’s lien rights for trucking and hauling of construction material.

  • Successfully prosecuted multi-million dollar contractor claim concerning construction of the Cleveland Browns stadium.

  • Pro bono Counsel to a church in connection with the assembly of a development site in Chicago and the financing and construction contracts for development of a church building and community center.

  • Represented large developers in breach of contract claims including projects in Maryland and Florida.