Mike Kelly is a partner in the Litigation Practice Group and leads LP’s newly formed Construction Law Service Group. Mike has represented a wide variety of clients including Fortune 500 companies, owners, developers and design firms, in all phases of the construction process, from contract negotiation and project management to litigation and alternative dispute resolution. With particular expertise in design and construction defect matters, Mike has represented clients involved in construction disputes in jurisdictions throughout the county, and in arbitration forums such as the American Arbitration Association (“AAA”) and International Chamber of Commerce (“ICC”). Mike also has substantial experience in other areas of real estate litigation, including insurance, leasing, condemnation, zoning, as well as project finance, and the resolution of joint venture and partnership disputes.
Some of his notable matters include:
• One of the largest personal injury cases in Chicago history, in which Mike’s efforts helped an engineering client settle 22 personal injury/wrongful death actions arising from a high-rise office building fire. The client, along with other design and construction firms who had performed work at the building years before the fire occurred, had been pulled into the litigation long after the filing of the original lawsuits concerning the Chicago Fire Department and building management's response to the fire. On the eve of trial, and after expert discovery that the client's design work had not caused the deaths and injuries, Mike’s client was able to achieve a very favorable settlement and dismissal from the case.
• A multi-party civil litigation in Saint Louis, Missouri in which Mike managed discovery, including over 100 depositions, extensive motion practice, trial preparation and settlement of design defect claims against a transportation engineering client in an $85,000,000 matter related to the design and construction of an extension to St. Louis’s light rail line.
• A multi-phase ICC arbitration for an energy client involving two trials with claims in excess of $100,000,000 for concealed conditions, delay, breach of contract, and defective equipment asserted during the construction of a power plant.
• While participating in the above arbitration, Mike simultaneously served as project counsel during the power plant’s ongoing construction. In addition to leading day to day operations in the litigation, Mike was responsible for negotiating issues related to the Contractor’s compliance with the design build contract, performance testing, and the phased commissioning of the plant. Mike’s dual role helped the client achieve a very favorable judgment in the arbitration, and a plant that was, finally, up and running.
Mike is a former New York City police officer who brings a practical, hard nosed and client centered approach to solving complex legal and business problems. Prior to joining LP, Mike was a partner at Stein Ray Harris, LLP, a boutique firm specializing in construction law and litigation.