Full Biography: Eric L. Singer

Eric Singer is Senior Counsel in the DuPage County, Illinois office of Ice Miller, LLP. Eric concentrates his practice in construction law, with emphasis on the representation of architects, engineers, contractors, owners, and lenders as well as other professionals in litigation and alternative dispute resolution of design and construction issues. He also drafts, negotiates, and counsels clients regarding construction and design agreements, project delivery options, and construction dispute avoidance.

In the area of construction law, he has experience with professional errors and omissions claims against architects and engineers; negligent certification or verification of work by design professionals; injuries during construction; concealed, differing site condition, and extra work claims; delay and impact claims; construction insurance and surety bond disputes; bond and payment claims; copyright infringement claims relating to architectural works; and OSHA liability of design professionals and construction managers. In addition, Eric represents many contractors, subcontractors, and architects in mechanics lien matters, from perfection of liens through trial or arbitration.

Eric’s practice also includes commercial and business litigation matters as well as real estate related disputes, including litigation of boundaries and easements, foreclosures of commercial mortgages and other liens, injunctions, actions to quiet title, and realization of a variety of collateral in commercial loans.

Representative Experience:

Represented design joint venture of four architecture and engineering firms with respect to mechanical and code claims on a major public hospital construction. Investigated, negotiated, and resolved nearly $40 million in claims concerning “clean steam” piping and Illinois Department of Public Health code interpretations resulting in change orders and delay claims by trade contractors; settlement was well within limits of project’s professional liability policy, without litigation and without inflammatory publicity.

Defense of design professionals in copyright infringement claims, including claim arising out of civil engineering footprint for large residential subdivision. Issues of first impression involved copyrightability of plans incorporated into annexation plats. Defeated copyright owner’s motion for temporary restraining order without an evidentiary hearing. Case settled thereafter for nominal amount, substantially less than originally sought.

Currently drafting and negotiating construction and design agreements for growing community hospital’s new emergency room, life safety, and infrastructure improvements as well as new, replacement hospital.

Defended architects, engineers, and other professionals in claims for defamation and interference with contract, including current defense of claim against construction manager by terminated trade contractor on large public school construction project.

Defended architect in nursing home’s claim for replacement of through-wall air conditioning and heating units based upon conflicting life safety code interpretations by Illinois Department of Public Health and the NFPA.

Defended engineer in residential retaining wall failure and avoided litigation by immediately retaining consulting expert and utilizing mediation before suit was filed.

Represented owner of commercial business in dispute over neighbor’s construction of new building on area governed by utility easement; obtained temporary restraining order and, following evidentiary hearing, preliminary and permanent injunction to preserve the easement.

Commercial lender in liquidation of collateral and foreclosure of real estate encompassing an ice rink, a bagel franchise in three states, and residential real estate pledged as additional collateral in various loans.

Represented owner and operator of fiber optic backbone network in arbitration and resolution of contractor change order claims; case settled for little more than retention following informal discovery and mediation.

Represented church congregation following literal disappearance of general contractor for new church construction. Perfected notice to performance and payment bond surety, negotiated “takeover” agreement, and ultimately negotiated final resolution of bond claims. Damaged and vandalized work successfully tendered to builder’s risk carrier. Achieved a positive resolution, with the project completed and in use, and without any lien claims.

Defended surveyor in “joint driveway” dispute following a litigation between neighboring homeowners where the losing owner had claimed survey error and negligent misrepresentation; case settled for nominal amount following initial aggressive discovery.

Represented excavation subcontractor in builder’s risk and extra work claim resulting from project flooding. Project was a $200 million, seven building, parking and infrastructure improvement to the State Farm Corporate Center in Bloomington, Illinois. Construction began during the summer that the Mississippi River flooded. Extricated client from 30 party litigation by negotiating arbitration agreement with general contractor, including guaranteed “high/low” provisions.

Defended large residential homebuilder in warranty, consumer fraud, and related claims for defective sunrooms in condominium development. Successfully tendered defense to general liability carrier, alleging “collateral property damage” and “advertising injury” coverage. Also cross-claimed against window manufacturer and defeated manufacturer’s summary judgment motion. Claims were settled with significant contributions from window manufacturer and builder’s general liability carrier.

Represented municipality in prequalification, bidding, drafting, and negotiating of construction agreements and bid documents for large parking structure construction and ultimately negotiated successful project close-out without disputed liens or litigation.