James P. Chivilo

James P. Chivilo is a partner who concentrates his practice in the areas of construction, insurance and mechanic lien law, as well as general commercial litigation. Mr. Chivilo is a member of Holland & Knight's Litigation Group and Construction Industry Team. He practices in state and federal trial courts and before arbitration and mediation tribunals. His legal career focuses on the representation of private and public owners, property developers, international and national big box chain stores, joint ventures, industrial road contractors, excavation companies, asphalt paving contractors, concrete companies, international and national general construction and management companies, municipalities, governmental entities, banks, lenders, construction companies, material suppliers, title insurance companies, corporations, partnerships and individuals in situations involving claim administration, project management, complex litigation and dispute resolution.

Mr. Chivilo's practice involves reviewing, negotiating, drafting and preparing construction contracts and change orders; preparing and consulting clients in bid protests; contract claim management; prosecution and defense of project claims, including delay, design, scheduling and defect claims; construction and transportation industry labor and employment issues; prosecution and defense for clients involving substantial building and project failures; consulting and representing clients in project completion and workouts for underfunded projects; representation for clients with claims for projects in bankruptcy court; prosecution and defense of federal and state mechanic lien, bond and contract claims; prosecution of claims against large insurance companies for reimbursement and payment for claims; post trial judgment prosecution involving corporate liquidation for satisfaction of claims; experience in federal court in Northern, Central and Southern Districts in Illinois; appearing and representing clients in various judicial county circuit courts throughout Illinois and appearing before arbitration tribunals, mediation panels and third party neutrals in claim dispute resolution.

Mr. Chivilo has represented clients in projects that involved high rise hotels, mixed-use developments, condominium projects, big box chain stores, water management and retention systems, commercial high rise building development and foreclosure, multistory commercial and residential buildings, large residential and commercial developments, luxury private homes, airports, senior and low income housing developments, tollway and road systems, interstate and local highway construction, underground utilities, energy utilities, underground tunneling, horizontal boring and directional drilling, and other projects related to both public and private construction work.

Mr. Chivilo recently litigated and completed the representation of a road excavation and asphalt paving contractor in a multi-party construction material land site lawsuit against a 14 million dollar state governmental environmental property damage claim. In this case he represented the contractor against issues relating to description and definition of what constitutes "waste" under Illinois Environmental Protection Act in federal and state court.

Prior to joining Holland & Knight, Mr. Chivilo worked for a Chicago law firm where he represented several national and international insurance companies in matters relating to insurance coverage, construction, general tort and commercial law issues. This experience has allowed him to represent and consult clients through the complex arena of securing insurance coverage through various types of insurance policies for reimbursement to his clients for legal fees and payments on behalf of clients under insurance policies for indemnification of project and contract related claims. He has litigated disputes that involve prosecuting insurance claims against large insurance companies and also consulted clients in insurance coverage audits for project and other claims.

In addition, from 1998-99 Mr. Chivilo held a clerkship for the chief judge of DuPage County. In that capacity, he took part in preparing a plan and drafting an internal county wide policy regarding privacy issues relating to e-mail use and distribution of electronic information in the government sector.

Good to know

Areas of Practice 1) Construction, 2) Litigation and Dispute Resolution, 3) Real Estate, 4) Environmental Litigation and 5) Condominium Development and Conversion
Law School John Marshall Law School (J.D.)
Admitted Year 1993
Education Benedictine University (B.A.)
Bar Member / Association Illinois State Bar Association
Most recent firm Holland & Knight LLP
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