William E. Hartgering

T: 312-655-0555
F: 312-655-0644
Construction
A full time mediator and arbitrator since evolving from litigation to opening the Chicago JAMS/ENDISPUTE office in 1982, Bill's national practice includes more than a thousand complex matters arising in over 40 states and foreign countries.

His construction practice dates from the late 1980s, when parties and design carriers encouraged mediation as an early alternative to arbitration, particularly when all parties were not subject to the same project contract. His experience includes hundreds of construction and related matters in more than 25 states.

The mediations and arbitrations involve the entire range of defect, delay, acceleration, design/engineering, and related insurance coverage and damage allocation issues.

The experience included below describes particular mediations and arbitrations, public and private projects, representative matters from 27 states and an overview of Bill’s approach to ADR, which continues to evolve after 26 years.

Representative Matters

  • Complex Multi-Party, Private Construction Projects
    • Michigan. Multi-Use Commercial Project. 33 parties, $42 million claims and cross claims involving alleged major construction defects at the multi use hotel, apartment, condominium and commercial space in a downtown high-rise. Matter initially involved a large midwestern city in preliminary complex land acquisition and financing issues. Matter involved complex contract disputes, serious leakage problems, allegations of design malpractice, insurance coverage issues and international parties. Tasks involved initial mediation process design, mediated allocation of damages involving 30 of the parties and an allocation of fees, all process costs, and expenses
    • New Jersey. Several $M of damages among 17 diverse parties. Mediation with 100+ member condominium owner class, 16 defendants, and serious problems involving the construction of a large oceanfront high-rise condominium
    • Michigan. 22 party representatives and construction problems with a “state of the art” containment system. Court appointment: 9 separate underground fuel tank sites and 22 counsel with issues involving the design, installation, and performance of a fuel containment system
  • Complex Public/Private Construction Projects
    • Airports. 8 separate matters involving construction or renovation of 3 international airports (Denver, Knoxville and Tampa) and Chanute Air Force Base. These involved terminals, runaways, housing facilities, defective glass, an administration building, numerous parties including the Corps of Engineers
    • Public Stadiums. 5 separate matters involving construction or renovation of state-of-the-art sport stadiums in Chicago, Milwaukee, Cleveland and New Jersey
    • Waste Water Treatment Plants. 9 complex matters in 6 states involving various public entities, general contractors, subcontractors and architect/engineers
    • Public Projects. Alaska, Florida, Georgia, Illinois, Michigan, Ohio, Nevada, New Jersey, New York, North Carolina, and Wisconsin. Chosen by private parties and federal or state agencies to mediate a variety of matters involving universities, sports stadiums, schools, hospitals, prisons, courthouses, zoos, waste water treatment facilities, cogeneration projects, lock and dam projects, and a 750-slip marina
    • Government Procurement and Construction Contracts. Substantial disputes involving the manufacturing requirements of military vehicles and the GSA in the construction and renovation of “Historical Landmark” and modern office buildings
    • Government/Private Sector Project. Hong Kong, China. 3 multi-day mediation workshops to all participants of the local construction industry
  • Representative Matters by Country: Hong Kong, China
    • Co-conducted five days of workshops for all segments of the construction field pursuant to mandated mediation in all construction disputes
  • Representative Matters by State: Alaska
    • Fairbanks (mediated in Seattle). Performance bond defaults and delay issues arising out of the construction of 9 schools and a military "PX"
  • Representative Matters by State: Arizona
    • Phoenix. Consolidation of 17 separate home construction claims involving alleged structural defects, design and statute of limitation issues
  • Representative Matters by State: California
    • Lake Tahoe. Design/facilitation of a minitrial process, 100-member class, 7 defendants, multi-issue dispute involving resort construction
  • Representative Matters by State: Colorado
    • New Denver Airport. 3 large, complex matters involving separate contractors, numerous subcontractors, design professionals and the City
    • Denver. Two separate condominium class actions claiming structural defects, design drainage and statute of limitations issues
  • Representative Matters by State: Florida
    • Jacksonville. The mediation with a public authority and transit system manufacturer avoided a lengthy arbitration of a safety design contract issue
    • Jacksonville. Cogeneration plant, University of Florida, numerous issues
    • Tampa Airport. Public owner/contractor dispute involving coordination, delay and fraud issues arising out of the paving of a new airport expansion
    • Tampa. Alleged fraud and punitive damage claims involving a commercial developer, surety, general contractor, and subcontractor
  • Representative Matters by State: Georgia
    • Southwest. $40M claim, 7-figure counterclaim, more than 100 separate issues involving the replacement of a massive recovery boiler at a large paper plant
    • Atlanta. Multiparty, multi-issue dispute involving the expansion of a public transportation system
    • Atlanta. Fraud, design, delay and environmental claims arising out of the construction of a large regional truck terminal and tank farm
    • Atlanta. Six figure bonding/delay claim, Fulton County Prison
    • Thomasville. 6 figure bonding/delay claim prison hospital/security system
  • Representative Matters by State: Illinois
    • Chicago. Multiple issues, "GMax" development of a luxury apartment complex
    • Chicago. Luxury condominium: design and noise remediation cost issues
    • Chicago. Planned Unit Development, 2-day mediation ended a year-long arbitration
    • Chicago. Renovation: Soldier Field, Lincoln Park Zoo, and Madison Street Bridge
    • Chicago. New Comisky Park, McCormick Place, Cook County Jail, various issues
    • Chicago. University of Illinois/Chicago, new Molecular Biology facility
    • Chicago. Metropolitan Sanitary District headquarters building
    • Chicago. Several mixed residential/commercial loft/warehouse development disputes
    • Chicago. Several matters involving condominium associations and the allocation of substantial costs for the replacement of all windows in high rise buildings
    • Chicago. Several matters involving the rehabilitation of 30+ floor high rise public housing
    • Chicago. Soil problems, construction of not-for-profit elderly housing
    • Chicago area. “Deep Tunnel” project. Med/arb of a technical dispute over the design and operation of sluice gates in water waste treatment facility
    • Champaign. Construction of the new University Research Facility
    • Dekalb. Construction of the new NIU research lab
    • Des Plaines. Swimming pool in a new recreational complex
    • Rantoul AFB. Corps of Engineers project involving delay, design and contract claims arising out of the construction of a residential facility on the base
    • Southern Illinois. Construction of Tamms Prison and state college facilities
    • Waukegan Harbor. Superfund harbor remediation dispute
    • Winthrop Harbor. Harbor construction, the Midwest’s largest public marina
  • Representative Matters by State: Indiana
    • Indianapolis. 15 party fire/gas explosion, multiple deaths, injuries and property damage involving several $M damages, the construction of military base housing, a major utility, the federal government and 15 other parties
    • Indianapolis. 2 separate matters involving large utility construction projects
    • Northern. Spontaneous failure” of 1300 overhead glass panels over a public auditorium, joint venture/two Fortune 50 companies ended a bitter 13-year dispute
    • Downstate. 8-figure claim, 7-figure counterclaim involving piping/mechanical claims and the construction of a large plastics plant, mediated in 2 days
    • Downstate. Matter involving the termination of contractor/designer on the eve of completion of construction and other related issues
  • Representative Matters by State: Iowa
    • Des Moines. Shopping center development construction/contract dispute involving the developer of a shopping center and the anchor tenant
    • Construction of meat packing facility
  • Representative Matters by State: Kansas
    • Topeka. Construction of new pet food facility
  • Representative Matters by State: Maryland
    • Baltimore. 9 party matter involving the construction of an industrial park
  • Representative Matters by State: Michigan
    • Detroit area. Complex issues involving a new Ford and GM assembly lines
    • Grand Rapids. 33 international parties, $42M alleged damages. Coverage disputes, exterior wall leakage and other problems with a 33-story mixed use hotel/condominium/apartment river front complex
    • Oakland County. Multiple parties, tunnel collapse, waster water facility
    • Western Area. Court appointment, 9 separate fuel tank sites, 22 counsel and the design, installation, and performance of a fuel containment system
    • Western Area. Related construction problems at multiple gas stations
    • Cadillac. Bitter multiparty dispute involving the implementation of a creative Superfund remediation/cogeneration facility
    • Battle Creek. Pending matter involving the renovation of a massive historic structure and the expansion of a federal government office building
  • Representative Matters by State: Minnesota
    • Minneapolis. Construction of a waste water treatment plant
  • Representative Matters by State: Missouri
    • Southern. Industrial kiln burn through/explosion, sizable business interruption
    • St. Louis. Variety of public and private construction matters
  • Representative Matters by State: Nevada
    • Las Vegas. Issues involving the installation of the brownstone of the new Clark County Center, the largest brownstone clad building of its kind
    • Las Vegas. Construction/demolition and design issues involving a monorail “ride” between two major hotels
  • Representative Matters by State: New Jersey
    • Long Branch. 250+ contested items, 16 defendants, 100+ condo member class. Failure of an ocean front high-rise exterior and several $M of damages
    • Trenton. Sports stadium involving drainage, delay and design issues
  • Representative Matters by State: New York
    • Nassau. Performance/payment bond dispute involving County government, multiple prime contractors, and their bonding companies over fraud, delay, and contract issues arising out of the construction of a court house
  • Representative Matters by State: North Carolina
    • Raleigh/Durham. Town house construction, design, delay and contract issues
    • Chapel Hill. A variety of technical and “downstream” issues involved with the construction of a “State of the Art” cogeneration facility at the University
    • Superfund Site. Served as allocator/co-mediator with former judge. Allocation of estimated $40-70M of cleanup costs at 5 separate sites among 9 parties ended 6 years of bitter litigation
  • Representative Matters by State: Ohio
    • Cincinnati. Co-mediation w/a neutral expert, HVAC design/engineering issue
    • Cleveland. Renovation of a warehouse into residential units
    • Columbus. Manufacturing plant involving delay and design issues
    • Columbus. Renovation of department store into residential units
    • Central. Construction of a new school
  • Representative Matters by State: South Carolina
    • Greenville. Commercial fire, $9M+ damages, 7 parties. Destruction of 165,000 square ft. of an industrial park, several tenants with substantial losses
  • Representative Matters by State: Tennessee
    • Knoxville Airport. Various matters involving the expansion of the airport
    • Memphis. University facility involving bond, delay, and contractual claims
  • Representative Matters by State: Texas
    • Dallas. Three separate condominium class action disputes claiming structural and construction defects, design, and statute of limitations issues
    • Houston. Delay, statute of limitation and contractual issues involved with the construction of a helicopter pad and hanger on an Air Force base
    • Houston. Co-mediation, 400-unit condominium development involving structural/construction defect, design, drainage, and statute of limitation issues
  • Representative Matters by State: Virginia
    • Charlottesville. Site of mediation involving the construction of the largest “dewatering” lock and dam project ever attempted on an American river
    • Charlottesville. Judge Advocate General Corps program and Mock Mediation
  • Representative Matters by State: Wisconsin
    • Green Bay. 2 multi-party public waste water treatment facility disputes involving delay, design, and contractual issues
    • Madison. Environmental/construction issues, water treatment facility
    • Milwaukee. Assisted in the design and implementation of a minitrial, resolved a $41 million lawsuit and a $20 million counter claim involving the construction of a plant to turn municipal waste into energy
    • Appleton. Construction of a waste water treatment facility

Honors, Memberships, and Professional Activities

  • Honors
    • Ranked among the Top 10 ADR Neutrals in Illinois, Leading Lawyers, 2014
    • Recommended “Leading Lawyer” Commercial ADR Law
  • Memberships & Professional Activites
    • Former Adjunct Faculty, Northwestern University
      • Kellogg School of Management
      • Pritzker School of Law
    • Trainer, 30 forums in 15 states, Hong Kong, Latvia, and Lithuania
    • Member, Regional Utility Mediation/Arbitration Outage Allocation Panels
    • Active Member, ABA Section of Dispute Resolution and SPIDR (now ACR), 1981-present
    • Member, Unitarian Church of Evanston
  • ADR Profile

Background and Education

  • J.D., Northwestern University (Law Review, First Place, Moot Court Competition; National Moot Court team), 1975
  • B.S., cum laude, Political Science, Claremont McKenna College, Claremont, CA, 1972
  • Born 1949, Two children, Extensive travel in Japan, Hong Kong, South Africa, Asian/European Russia, Eastern/Western Europe, Caribbean, Central America, and each of the 50 United States

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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