David A. Axelrod & Associates handles a broad range of construction and environmental matters. In these areas, the firm serves not only in litigation, but also as a counselor and advisor.

In the area of construction law and litigation, David A. Axelrod & Associates handles cases in every part of the United States. Those cases include breach of contract on behalf of general contractors and subcontractors, foreclosure of mechanic’s liens and appeals of mechanic’s lien decisions, defense of insolvent general contract officers, and property damage claims arising from faulty work. Additionally, the firm handles negotiation of contracts, preparation of contractual notices, and preparation and filing of mechanic’s liens.

The firm’s experience in environmental law dates back to the 1980s, when many groundbreaking laws and judicial decisions were implemented. The attorneys of David A. Axelrod & Associates have worked in every major federal regulatory and permitting program, as well as counterparty regulatory and permitting programs in Illinois and other states. This experience includes hazardous waste, PCBs, air and water pollution regulation, and the regulation of landfills.

The firm’s background includes litigation in many of these areas, including early decisions involving environmental insurance coverage; the Comprehensive Environmental Response, Liability, and Compensation Act; and “citizen’s suits” arising from the Resource Conservation and Recovery Act.

Successes of the firm include the following:

• Won $700,000 jury verdict from an environmental firm arising from the failure to discover and disclose the existence of asbestos in an office building
• Represented officers of defunct contractor in suits claiming breach of fiduciary duty and conversion, successfully negotiating settlements for all non-equity holders;
• Secured dismissal with prejudice of wrongfully sued contractor in major Superfund suit;
• Defended contractor wrongly accused of responsibility for collapse of building caused by another contractor;
• Brought action against, and negotiated settlement with, United States regarding alleged preemption of approved siting of landfill;
• Brought action against multinational aggregate company regarding breach of lease resulting in damage to landfill site;
• Negotiated contracts between subcontractors and contractors, filed and prosecuted mechanic’s liens, and prepared claims, change orders, and similar documents;
• Counseled corporations on compliance with contracts, environmental and other laws, and proactive avoidance of disputes;
• Represented surety in appeal of mechanic’s lien judgments relating to multiple public projects.