Arnstein & Lehr

Gary Brown is a partner in the Fort Lauderdale office of Arnstein & Lehr LLP and is a member of the firm’s Construction Practice Group. He is Board Certified by The Florida Bar in Construction Law. In 2016, he published a book with the Daily Business Review (an ALM Media company) titled Florida Construction Defect Litigation. He practices in general commercial and business litigation, handling both complex and routine matters for clients with special expertise in construction-related matters, including:

Contract drafting and negotiation;
Dispute resolution;
Florida’s Construction Lien Law;
Payment and performance bond claims;
Construction and design defect claims;
Delay, inefficiency and acceleration claims;
Public Procurement/Bid protests; and
Insurance/coverage disputes.

Gary’s representation also includes assisting municipalities and local governments in all aspects of public work projects, from writing IFBs, RFPs, RFQs, and construction and design contracts, to carefully navigating through often difficult ongoing project disputes that jeopardize the proper and timely completion of the work, to successful project close-out.

Gary has practiced law since 1995 in state and federal trial and appellate courts throughout Florida, where he has gained extensive experience both in and out of the courtroom, and has conducted numerous trials and arbitrations to successful conclusion.

Gary’s construction litigation experience has involved the successful representation of large institutional owners, municipalities, general contractors and major subcontractors in the prosecution and defense of multi-million dollar wrongful termination, construction defect, design defect, and insurance coverage claims, as well as bid protests on multi-million dollar public works projects. His commercial litigation experience has involved the successful representation of privately held companies in shareholder derivative suits over corporate restructuring and sale of company shares; and a local title company in the defense of multi-million dollar claims by a national institutional lender for an alleged loan-kiting scheme.

Achievements, Awards & Recognition

Sponsored the City of Lauderhill’s 17th Annual Dr. Martin Luther King, Jr. Black History Month Gala (February 2017)
Construction Association of South Florida (CASF)

Governmental Affairs Committee

Broward County Bar Association

Construction Law Committee

The Florida Bar Real Property Probate and Trust Law Section

Construction Law Committee
Publications Subcommittee
Legislative Subcommittee
Chair, Jury Instructions Subcommittee

Engineering Contractors Association (ECA)
Florida Super Lawyer, Florida Super Lawyers (2010-present)
Top Attorneys in Florida (2011-present)
Top Lawyer, South Florida Legal Guide (2012-present)
Top Up & Comer, South Florida Legal Guide (2011)

Publications & Speaking Engagements

Publications

Florida Construction Defect Litigation, book published by Daily Business Review (published January 2016; updated for 2017)
Florida Construction Defect Litigation 2017 update featured in The Florida Bar News’ “News and Notes” section (February 2017)
“Florida’s Construction Defect Statute Undergoes Significant Changes in 2015,” Mondaq (January 2016)
“Can Construction Lenders Be Liable to Lienors? Exploring Lienors’ Rights When a Project is in Foreclosure,” Construction Ink! (Fall/Winter 2009)
“Indemnity Obligations in Construction Contracts-Risk Management from the Indemnitor’s Perspective,” legal editor (2007) 
“Risk Transfer In The Construction Setting: Passing The Buck. Where Does It Stop?,” Construction Ink! (Spring/Summer, 2004)
“Sovereign Immunity And Government Contracting: What’s Happened Since Miorelli?” Construction Ink! (Fall, 2003)
“Applying Contractual Venue Provisions To Lien Foreclosures And Claims Against Payment Bonds,” Construction Law Chronicle (2002)
“Section 725.06, Florida Statutes, Undergoes Substantial Changes,” Construction Law Chronicle (2001)
“Construction Law For Attorneys In Florida,” ISCS Conference Lecture (1999)

Speaking Engagements

“Construction Law: Ultimate Bootcamp,” Palm Beach County Bar Association and myLawCLE (June 2017)
“Mechanics’ Liens in Florida,” National Business Institute (May 2015)
“Indemnity Provisions: Is the Subcontractor Responsible? What About the Design Professional?” National Business Institute (2014)
“Construction Defect Litigation – Anatomy of a Defect: What It Is and the Rules That Apply,” National Business Institute (2013)
“Managing Contract Changes/Handling Changes to Jobsite Conditions,” National Business Institute (2008)
“Damage Control: Addressing Claims and Disputes on Municipal Construction Projects” (2008)
“Indemnification in Construction Contracts,” CEU Institute (2006)

Education

Nova Southeastern University, Shepard Broad Law Center (J.D. 1995) 
Nova College at Nova Southeastern University (B.A. with distinction 1991)

Bar Admissions

The Florida Bar (1995)
U.S. District Court, Southern District of Florida (1995)
U.S. District Court, Middle District of Florida (1999)
11th Circuit Court of Appeals (2009)

About

James T. Rohlfing is a partner in the Chicago based law firm of Arnstein & Lehr LLP. He serves as chair of the firm’s Construction Practice Group.  Mr. Rohlfing is a Martindale-Hubbell AV rated attorney, whose practice is focused in the areas of construction law and business litigation. Mr. Rohlfing is the editor and a chapter author of the West Publication Illinois Construction Law Manual. 

Since being admitted to the Illinois bar in 1982, Mr. Rohlfing has represented subcontractors, contractors and others in the construction industry to avoid and resolve legal disputes and protect his client’s rights.  He has led dozens of trials and appeals involving business litigation and construction law, and successfully resolved hundreds of related legal matters for his clients.  He has also drafted and assisted in passing Illinois legislation critical to contractors and the construction industry in general.  In addition, he has authored numerous articles on construction law and litigation, and he is frequently invited to speak on commercial litigation and construction law topics before construction industry groups and practicing attorneys. 

Mr. Rohlfing is general counsel and past president of the Illinois Mechanical & Specialty Contractor’s Association (IMSCA), the largest and most effective organization for subcontractors in Illinois. He is an active member of IMSCA, the Chicago Bar Association’s Construction Law committee, and the Association of Subcontractors and Affiliates in Chicago. On several occasions, Mr. Rohlfing has testified before the Illinois legislature as the representative of the Illinois construction industry on legislation of crucial importance to the industry. In addition, he has been retained by other attorneys as an “expert witness” on issues related to the Illinois Mechanics Lien Act.

Previously, he was the founder and principal of James T. Rohlfing & Associates, P.C., a Chicago law firm focused on construction law. Mr. Rohlfing received his Bachelor of Science in Business Administration in 1979 from Marquette University and his Juris Doctorate from DePaul University College of Law in 1982. At DePaul he wrote for the law review.

Representative Cases 

Arpac Corporation v. Murray, 226 Ill.App.3d 65, 589 N.E.2d 640 (1st Dist 1992)
Laurel Motors, Inc. v. Airways Transp. Group of Companies, Inc, 284 Ill.App.3d 312,672 N.E.2d 785 (2nd Dist 1996)
Onsite Engineering & Management v. Illinois Tool Work, Inc, 319 Ill.App.3d 362, 744 N.E.2d 928 (1st Dist 2001)
Shaw Industries, Inc. v. Community College Dist. No. 515, 318 Ill.App.3d 661, 741 N.E.2d 642 (1st Dist. 2001)

Activities and Achievements 

Professional Activities 

Chicago Bar Association
Illinois State Bar Association
American Bar Association

Pro Bono Activities

Chicago Area Association of Subcontractors and Affiliates

Achievements 

“AV” rating from Martindale Hubbell American Law Directory

Publications

“Courts Put Teeth in Attorney Fee Section of Illinois Mechanics Lien Act,” SubStance (December 2016)
“Modified Law Not Enough to Protect Lien Rights,” SubStance (June 2016)
“Illinois Construction Law Manual,” West Publication, editor and chapter author  
“Subordination of mechanics liens – Cypress Creek II,” SubStance (Winter 2014)
“Illinois Legislature Restores Mechanics Lien Rights,” SubStance (Winter 2013)
“Fee Awards May Help Lien Claimants Get Paid,” SubStance, Vol. 4 – Issue 2 (Summer 2010)
“Senate Bill 3829 – Collective Bargained Workers’ Compensation,” co-writer, SubStance, Vol. 4 – Issue 1 (Spring 2010)
“Changes in Illinois Purchasing Procedures – There’s a New Sheriff in Town – Wyatt Earp or Barney Fife,” co-writer, SubStance, Vol. 4 – Issue 1 (Spring 2010)
“Avoiding Surprise and Prejudice for Lien Claimants,” SubStance, Vol. 4 – Issue 3 (Winter 2010) 
“Illinois Prompt Payment Act – One Step Forward, One Step Back,” co-writer, SubStance, Vol. 3 – Issue 1 (Spring 2009)
“The Importance of Estate Planning for Subcontractors,” co-writer, SubStance, Vol. 3 – Issue 1 (Spring 2009) 
“Mechanics Liens on Illinois Condominiums,” SubStance (Fall 2007)
“Mechanics Lien Rental and Contractor Prompt Payment Acts,” SubStance (Summer 2007)
“The Kotecki Gap in Insurance Coverage,” SubStance (Spring 2007)
“What a Sub Wants? What a Sub Needs,” SubStance (Fall 2006)
“Building and Construction Contract Act – Home Fights are Fairer Fights,” CBA Record (January 2003)
“The Iranian Cases-Executive Intervention in Private Litigation,” 30 DePaul Law Review 623-50 (1982)

Speaking Engagements

“The Current Economic State of Illinois & New Construction Legislation for 2017,” Finishing Contractors Association of Illinois webinar (February 2017)
“Litigating and Negotiating Construction Contracts,” Mason Contractors Association of America webinar (December 2016)
“Protecting Contractors with Mechanics Liens and Related Rights,” Mason Contractors Association of America webinar (November 16, 2016)
“How to ‘Work and Get Paid in Illinois’ – Bonds and Lien Waivers,” ASA Chicago (October 22, 2015)
“Mechanics Liens in Illinois,” NBI (September 16, 2015)
“Contractors, Learn the Affects of New Legislation on Safety Service Providers,” Illinois Mechanical & Specialty Contractors Assoc. (November 5, 2014)
“Fundamentals of Construction Contracts In Illinois: Understanding the Issues,” Lorman (June 18, 2014)
“AIA Contracts,” Lorman (April 16, 2014)
“Construction Litigation for Commercial Litigators,” Commercial Law League of America (April 11, 2013)
“Mechanics Liens and Related Rights,” ASA Chicago (November 15, 2012)
“Cypress Creek HB,” Residential Construction Employers Council (April 26, 2012)                                     
“Mechanics Liens,” ASA Chicago (January 12, 2012)
“Litigating and Negotiating Construction Contracts,” COLLA (April 14, 2011)
“Mechanics Lien & Related Rights,” Common Sense (December 7, 2011)
“Fundamentals of Construction Contracts: Understanding the Issues,” Lorman (June 22, 2011)
“New Laws and Perennial Disputes under Construction Contracts in Illinois,” Midwest Association of Public Procurement (June 17, 2011)
“AIA Contracts,” Commercial Law League of America (April 14, 2011)
“Mechanics Liens and Related Rights,” Common Sense (February 15, 2011)
“Protecting Contractors with Mechanics Liens and Related Rights,” Polish-American Contractors Builders Association (January 27, 2011)
“Fundamentals of Construction Contracts: Understanding the Issues in Illinois,” Lorman (April 15, 2009)
“Construction Claims in Illinois,” Lorman (April 17, 2008)
“Fundamentals of Construction Contracts: Understanding the Issues in Illinois,” Lorman (April 15, 2008)
“AIA Contracts,” Lorman (February 19, 2008)
“Contract Law and Construction Contracts,” CBA (June 5, 2007)
“Fundamentals of Construction Contracts: Understanding the Issues in Illinois,” Robert Echales’ Accountant Group (May 22, 2007)
“Fundamentals of Construction Contracts: Understanding the Issues in IL,” Lorman (April 12, 2007)
“Managing Construction Projects,” Lorman (July 27, 2006)   
“Managing Construction Projects in Illinois,” Lorman (July 19, 2006)
“Managing Construction Projects in Illinois,” Lorman (June 28, 2006)
“Fundamentals of Construction Contracts: Understanding the Issues in IL,” Lorman (April 5, 2006)
“Construction Law from Contract to Closeout in Illinois,” Lorman (November 8, 2005)
“AIA Contracts in Illinois,” Lorman (January 25, 2005)
“AIA Contracts in Illinois,” Lorman (October 8, 2004)
“Mechanics’ Lien Law & Strategies in IL,” NBI (May 5, 2004)
“How to Get Paid Everytime: Mechanics, Lien and Bond Claims,” HAS (October 24, 1996)
“Damages in Commercial Litigation,” Lorman (July 25, 1996)
“Commercial Litigation: Contract, Warranty and UCC Issues,” CBA (May 17, 1994)
“Banking Litigation,” CBA (March 26, 1990) 

Education

DePaul University College of Law (J.D., 1982)
Marquette University (B.S., 1979)

Bar Admissions

State of Illinois 
U.S. District Court, Northern District of Illinois

Mark Enright is a partner in the law firm of Arnstein & Lehr LLP, where he has practiced since 1985. He is a member of the firm’s Litigation Department and focuses his practice in three main areas: complex commercial suits, construction litigation, and product liability defense. He has successfully litigated multi-million dollar cases for large, publicly-held corporations, and has tried numerous jury and bench trials, in federal and state courts, both in and outside of Illinois. He has represented numerous businesses involved in nationwide retailing and manufacturing. The complex commercial matters he has handled often involve claims of fraud and requests for exemplary damages. In the product liability area, he has defended manufacturers of tractors, trucks, mining equipment, aerial work platforms, riding and walk-behind mowers, snow throwers, and other products. Mr. Enright has defended catastrophic cases involving brain damage, paralysis, and multiple deaths. In the construction area, he has represented major contractors, governmental entities and owners, and procured multi-million dollar settlements in construction/design disputes.

Mr. Enright has worked with a broad range of experts including mechanical, electrical, structural and civil engineers; physicians; metallurgists; geologists; real estate appraisers; accountants; and economists. He is a Martindale-Hubbell AV Preeminent™ rated lawyer.

Achievements

Assistant State’s Attorney with the DuPage County State’s Attorney’s Office, Civil Division (1983-1985)
Defense Research Institute (Commercial Litigation, Construction Law and Product Liability Committees)
Federation of Defense and Corporate Counsel
Trial Attorneys of America
Illinois Association of Defense Trial Counsel
Illinois State Bar Association
Martindale-Hubbell AV Preeminent™, the highest possible rating in both legal ability and ethical standards reflecting the confidential opinions of members of the Bar and Judiciary

Education

Loyola University (J.D., 1983)
University of Illinois (Urbana-Champaign) (B.A., 1980)

Bar Admissions

State of Illinois
U.S. District Court, Northern District of Illinois (including Trial Bar)

Patrick Johnson is an associate in the Chicago office of Arnstein & Lehr LLP. He is a member of the Construction Practice Group. Patrick joins the firm after working as an attorney for a large professional engineering services firm focusing on electric power generation and power delivery projects.

Patrick’s experience includes reviewing contracts for construction projects and negotiating agreements with opposing counsel at Fortune 500 companies, as well as smaller energy conglomerates.

Prior to transitioning into his role as an attorney, Patrick was an engineer for more than five years. Notably, Patrick helped prepare structural layout configurations for a new nuclear power generating station and designed nuclear reactor building components. He also worked closely with engineers in Dubai to determine the structural suitability of designs for a commercial mall project. Patrick is a registered professional engineer in Illinois.

Publications

“The Miller Act Trap: How To Protect Your Rights,” Arnstein & Lehr LLP’s Construction Industry News Blog (September 30, 2016)
“A Structured Environment,” Environmental Design + Construction (August 2007)

Education

DePaul University College of Law (J.D.) 
University of Illinois, Urbana-Champaign (M.S.) 
University of Illinois, Urbana-Champaign (B.S.)

Bar Admissions

State of Illinois 
U.S. District Court, Northern District of Illinois

About

W. Matthew Bryant is a partner in the Chicago office of Arnstein & Lehr LLP. Mr. Bryant focuses his practice on construction and commercial litigation and dispute resolution.  He has represented owners, architects, engineers, contractors, and subcontractors in lawsuits relating to construction defects, mechanics liens, bond claims, delay claims, change order disputes and fraud.

He has represented condominium developers, condominium associations, and unit owners in litigation matters including defense and prosecution of claims alleging violation of state condominium statutes, failure to adequately manage condominium finances, and breach of fiduciary duty claims.  He has defended design professionals against claims of professional negligence.  He has also represented businesses in commercial disputes, including issues of corporate ownership and control, breach of fiduciary duty, and non-competition agreements.

Achievements

Mr. Bryant has lectured on the legal aspects of construction management and co-authored chapters on the licensing of construction professionals and on public construction projects. He is admitted to the Federal Trial Bar of the United States District Court for the Northern District of Illinois and is a member of the Chicago Bar Association.

Representative Cases

Guarantee Company of North America, USA v. Moecherville Water District, N.F.P., 2007 WL 2225834 (U.S.D.C. – N.D.Ill., July 26, 2007)
Addison v. Distinctive Homes, Ltd., 359 Ill.App.3d 997 (1 Dist.2005)
Keuper v. Beechen Dill & Sperling Builders, Inc., 301 Ill.App.3d 667 (2 Dist.1998)
Cordeck Sales, Inc. v. Construction Systems, Inc. Ill.App. 1 Dist.,2008. (887 N.E.2d 474)

Publications & Speaking

“Legal and Practical Aspects of Illinois Easements,” Lorman Education Services Webinar (June 26, 2017)
“Litigating and Negotiating Construction Contracts,” Mason Contractors Association of America webinar (December 2016)
“Protecting Contractors with Mechanics Liens and Related Rights,” Mason Contractors Association of America webinar (November 16, 2016)
“Extended Warranties in Bonded Contracts: Effects on Bond Obligations, Costs and Negotiating Tips,” ABA Forum on Construction’s newsletter, Insurance, Surety & Liens (November 2016)
“Contract Law for Engineers,” Countryside, Illinois (September 19, 2016)
“Identifying, Classifying, and Locating Private Easements,” presentation to engineers and land surveyors (June 29, 2016)
“Modified Law Not Enough to Protect Lien Rights,” SubStance Magazine (June 2016)
Licensing requirements and public construction topics, Illinois Construction Law Manual (West 2008)
“Damages in Construction Defect and Failure Cases” presentation
“Legal Aspects of Contracting for Project Managers” presentation

Education

Loyola University School of Law (J.D., 1995)
University of Chicago (B.A., 1992)

Bar Admissions

Illinois Supreme Court
U.S. District Court (Northern District of Illinois- General Bar and Trial Bar)
U.S. District Court (Central District of Illinois)