There is no better way of exercising the imagination than the study of law. No poet ever interpreted nature as freely as a lawyer interprets the truth.
Adam Toosley is a Partner in the Litigation Practice Group and Leader of the Construction and Real Estate Litigation Practice Group.
Adam has extensive experience in the handling of many different types of commercial disputes and transactions with a primary focus on construction, real estate litigation and financial services litigation. His experience in the lending and finance arena includes the representation of national lenders and loan purchasers in workout, asset seizure, transactional, bankruptcy and collection matters, the negotiation and preparation of commercial agreements, including loan documents, purchase and sale agreements (real estate and corporate), construction contracts, deeds in lieu of foreclosure and forbearance and modification agreements. He also has prosecuted numerous equipment lease cases, including actions seeking the remedies of replevin and detinue.
As for construction and real estate litigation, Adam has managed a large caseload of cases, including those brought under the Uniform Commercial Code, the Illinois Mechanic’s Lien Act and the Illinois Mortgage Foreclosure Law. Additionally, he has represented nearly all parties in the chain of contract as to construction-related disputes, including lenders, owners, general contractors, subcontractors and suppliers, and has represented those parties pertaining to payment disputes, commercial real estate foreclosures, mechanic’s lien cases, construction defect cases, fraud and business torts and bond claims in both federal and state court as well as in arbitrations and mediations inside and outside of Illinois. His practice also includes the representation of court-appointed receivers in foreclosure and eviction actions and the prosecution and defense of landlord-tenant disputes.
Before joining Freeborn, he was a Senior Attorney in the Construction Group at Clark Hill PLC.
Successfully prosecuted complex commercial mortgage foreclosure action on large, multi-family project including defense of multiple lien claims.
Defended automatic teller machine operator in Electronic Funds Transfer Act lawsuits.
Defended a construction company against breach of warranty claims as to construction of a subdivision of single-family homes.
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 large developers in breach of contract claims including projects in Maryland and Florida.
Represented various contractors in bankruptcy proceedings filed by both upstream and downstream contractors as well as lenders in proceedings filed by mortgagors and grantors.
Honors & Awards
Honors & Awards
- Illinois Super Lawyers - Commercial Litigation, Banking, Business Litigation, Construction Litigation - 2021 (cited in multiple years)
- Illinois Leading Lawyers - 2020 (cited in multiple years)
- Chicago Bar Association
- Illinois State Bar Association
- University of Illinois Alumni Association
- Hispanic American Construction Industry Association (HACIA)
- Moderator, 5th Annual Bisnow: Chicago Construction & Development: The Latest Projects Transforming Chi-Town's Skyline, (August 29, 2017).
- "IICLE: Representing the Parties to a Construction Project 2020 Edition," Chapter Author, (June 2020).
- Author, "Client Alert: Landlord/Tenant Disputes In the Wake of the COVID-19 Pandemic," Freeborn & Peters LLP (April 2020).
- Co-Author, "Client Alert: Force Majeure Clauses in Construction and Other Commercial Contracts in the Age of COVID-19," Freeborn & Peters LLP (March 2020).
- “IICLE: Representing the Parties to a Construction Project 2015,” Chapter Author, (September 2015).
- "Forum Selection Clauses in Equipment Leases," Equipment Leasing and Financing, (May 25, 2011).