2:15 p.m.

Registration 

2:30 - 3:30 p.m.

Risk Transfer, Insurance, and Illinois Construction Law

Presented by: John Fitzgerald, Tabet DiVito & Rothstein LLC, Howard Huntington, Franco Moroney Buenik, LLC and Madeline M Krolczyk, Freeman, Mathis & Gary LLP

This program examines how risk is actually allocated in Illinois construction litigation, where liability often turns less on the accident itself and more on the contractual and insurance framework in place beforehand. With multiple parties operating on a single project, exposure is shaped by the interplay of contracts, insurance coverage, and key statutes such as the Illinois Workers’ Compensation Act, the Joint Tortfeasor Contribution Act, and the Construction Contract Indemnification for Negligence Act. Attendees will gain a clear understanding of how these legal layers work together to define responsibility among owners, general contractors, and subcontractors.

The program also focuses on the practical tools attorneys use to manage and shift risk, including indemnification provisions, additional insured coverage, and strategic tender practices. It will address common pitfalls, such as overreliance on certificates of insurance, and explore critical doctrines like the Kotecki cap and its potential waiver. Finally, the session will cover enforceability of key contract provisions and jurisdictional limits under Illinois law, offering actionable insights on how careful drafting and coordinated insurance strategies can effectively control exposure in construction disputes. 

3:30 - 4:30 p.m.

Unraveling Project Pitfalls: A Forensic Exploration of Communications, Coordination, and Collaboration Breakdowns in Construction

Presented by: Aerik Carlton, Ph.D., P.E., Exponent, Trevor Lardiois, Ph.D., P.E., CFEI, CGE, Exponent, and Madeline M Krolczyk, Freeman, Mathis & Gary LLP

This presentation explores how breakdowns in communication, coordination, and collaboration—the “Three Cs”—can drive complex construction disputes and project failures. Using a detailed case study involving a multi-building campus project, the speakers walk through how seemingly routine issues like dimensional control, survey discrepancies, and sequencing decisions can quickly escalate when information is not clearly shared or aligned across project teams. Attendees will see how missed warnings, inconsistent instructions, and lack of coordination among contractors and design professionals created cascading effects that led to structural defects, delays, and even life-safety concerns.

The program also broadens the discussion to large-scale construction disputes, including EPC projects, highlighting how failures in the Three Cs can impact performance, delay timelines, and undermine contractual expectations. Through real-world forensic analysis, the presenters demonstrate how technical issues, project management decisions, and communication failures intersect to shape liability and dispute outcomes. The session offers practical insight into identifying early warning signs, understanding root causes, and evaluating responsibility in complex construction litigation.  

Aerik Carlton, Ph.D., P.E., of Exponent is a licensed professional engineer and forensic engineering consultant in Civil and Structural Engineering at Exponent, specializing in code compliance, site inspections, finite element analysis, and forensic evaluations of structural failures, including collapses, explosions, and weather-related damage. He holds a PhD in Structural Engineering from Lehigh University, where his research focused on structural behavior in fire, thermally induced concrete spalling, and performance-based engineering for high-consequence hazards such as earthquake and fire.

John Fitzgerald is a partner at Tabet DiVito & Rothstein LLC in Chicago. He is a trial and appellate litigator with experience in commercial litigation, professional liability defense and constitutional disputes. John is a graduate of the University of Chicago Law School and a past president of the Appellate Lawyers Association of Illinois. He currently serves as the Vice Chair of the Illinois Defense Counsel Amicus Committee.

Howard L. Huntington is a partner with Franco Moroney Buenik, LLC in Chicago where he focuses his practice on commercial litigation. He also has substantial experience in the areas of construction, product liability, transportation litigation, toxic torts and civil rights litigation. He defends the interests of large and mid-market corporations, family-owned businesses, and entrepreneurs in both Illinois and Indiana. He is a member of various other associations, including Defense Trial Counsel of Indiana. Howard is a past Chair of the IDC Tort Law Committee.

Madeline Krolczyk is an Associate at Freeman Mathis & Gary, LLP and is located in the Chicago office. She is a member of the Labor & Employment Law and Tort & Catastrophic Loss practice sections. Her practice focuses on advising and defending clients in general tort liability, construction and catastrophic loss litigation.

Trevor Lardiois, Ph.D., P.E., CFEI, CGE of Exponent applies chemical, mechanical, and materials engineering principles to investigate safety incidents involving fires, explosions, industrial and fuel gas systems, and complex chemical processes and products. He holds a Ph.D. in Chemical Engineering from Purdue University and is a licensed Professional Engineer in Illinois, Minnesota (Chemical), and Wisconsin, and an active member of AIChE, NAFI, NFPA, and ASGE.

Claims Professionals & Corporate or Association Counsel

Complimentary

Complimentary

Private Practice Attorneys, Public Sector Attorneys, Educators, and Students