Overview

Shawn’s national practice is centered around helping clients resolve a wide range of complex construction and real estate challenges. Shawn represents all types of participants in the construction industry supply chain, including owners, developers, contractors, subcontractors, and material suppliers. Shawn also represents landowners seeking to protect their property rights in condemnation proceedings brought by governments exercising their power of eminent domain. Shawn is a litigator with experience in multiple state and federal courts across the country, both at the trial and appellate levels, as well as in other forums, such as arbitrations or agency hearings.

Dispute Resolution

Shawn has first-chair trial experience in various types of real estate and construction matters. He has also successfully argued before multiple appellate courts, including before the Illinois Supreme Court in a case making new law on the applicability of construction warranties in Illinois. His representative experience includes:

  • First-chair trial counsel in a breach-of-contract dispute prosecuted to a favorable verdict.
  • Trial counsel for a general contractor's $4.2 million in project claims against a state department of transportation, prosecuted to a successful verdict.
  • Lead appellate counsel before the Illinois Supreme Court in obtaining reversal of a lower appellate ruling against a homebuilder on breach-of-warranty claims. Fattah v. Bim, 52 N.E.3d 332, 2016 IL 119365 (2016).
  • Lead trial and appellate counsel in a favorable defense of a landowner against quiet title action. Suski v. Nutt, 2014 IL App (2d) 121185-U, 2014 WL 5308103 (2d Dist. 2014).
  • Lead counsel in managing regional portfolio of defect, contract, and insurance-related litigation matters for a national home builder with numerous favorable resolutions through mediation, arbitration, dispositive rulings, and appellate opinions including:
    • 933 Van Buren Condo. Ass'n v. W. Van Buren, LLC, 61 N.E.3d 929 (1st Dist. 2016)
    • Siena at Old Orchard Condo Ass’n v. Siena at Old Orchard, LLC, 128 N.E.3d 374, (1st Dist. 2018)
    • Lennar Chicago, Inc. v. Asbury Woods Condo Ass’n, 2019 WL 1040592 (N.D. Ill. 2019)
    • Library Tower Condo Ass’n v. Library Tower, LLC, 2021 IL App. (1st) 200486-U (1st Dist. 2021)
  • National counsel for commercial litigation portfolio of international HVAC and control systems provider with numerous favorable resolutions through negotiated settlements and dispositive rulings concerning projects of varying size in multiple industries, jurisdictions, and asset classes, including but not limited to:
    • Public K-12 buildings in California, Nevada, Colorado, Minnesota
    • Bio-Safety Level 3 and 4 laboratories in Mississippi 
    • Multifamily residential projects in Rhode Island, California, Hawaii, Florida
    • Municipal office buildings in Nevada, Connecticut
    • Municipal ice rink and community center in West Virginia
    • Natatorium facility in South Carolina
    • Hospital facilities in Texas, New York, Tennessee
    • Private university in Ohio
    • Private residential mansion in Chicago
    • Hotel structures in California, Oregon, Tennessee, Puerto Rico
    • Prison facility in New York
    • Monastery compound in South Carolina
    • Law enforcement facility in New Jersey
    • Retail “big box” store in Oklahoma
    • Chemical processing facility in Georgia
    • Food processing facility in California
    • Telecommunications facility in Indiana
    • Biopharmaceutical manufacturing facility in Ohio
    • Petrochemical facility in Louisiana
  • National construction dispute counsel for top US commercial real estate developer, providing advice and counseling before and through litigation or arbitration involving various types of commercial projects, such as:
    • Multifamily residential projects in Texas, Arizona, Oregon
    • Health sciences project in Massachusetts
    • Industrial warehouse projects in Texas, Pennsylvania, New Jersey, Arizona, California
    • Battery storage facility in Arizona
  • Obtained $8.5 million judgment in favor of a landlord against a commercial tenant in litigation concerning a lease default on an 800,000 sq.ft. logistics warehouse located in Indiana.
  • Obtained a $5 million judgment in favor of a developer against a defaulting general contractor in litigation concerning five separate incomplete and delayed self-storage facility projects located in Tennessee and Indiana.
  • Obtained a $670,000 judgment in favor of a craft brewer against an equipment supplier for breach of contract, fraud, and successor liability in Ohio.
  • Represented a multifamily developer in a settled arbitration against an architect in an alleged design-defect dispute relating to a project’s elevators in Georgia.
  • Represented a multifamily owner/developer in a settled dispute against a general contractor involving a glass façade on a high-rise building in Missouri suffering from spontaneous shattering due to alleged nickel-sulfide-inclusions.
  • Represented a multi-family owner/developer in a settled dispute against a general contractor involving façade design and workmanship failures causing components to fall from a high-rise structure in Illinois, resulting in a complete recladding at no cost to the client.
  • Represented an ethanol producer in a settled product defect litigation against a manufacturer of industrial boiler equipment in Illinois.
  • Represented an EPC contractor in a settled arbitration involving a breach-of-contract dispute with an owner on a Wisconsin sand-fracking project.
  • Represented an owner in a settled massive subsurface defect litigation against project participants and insurers concerning a 200,000 sq.ft. manufacturing facility in Pennsylvania.
  • Represented a commercial owner of a retail building in Indiana in a settled pursuit of claims against an installation contractor due to a faulty installation of an EPDM roof.
  • Represented a general contractor in settled defective stonework claims asserted by a condominium association in Chicago resulting from a building entrance revitalization project.
  • Represented cellular tower stakeholders in settled condemnation litigation maximizing just compensation for property rights taken by a regional transportation authority in Illinois.
  • Represented numerous institutional landowners in quieting title to parcels associated with manufacturing and corporate campuses in Illinois and Indiana.

Transactional

Shawn drafts and negotiates contracts for various types of commercial and large-scale residential construction projects, including trade subcontracts, existing client service contracts, and settlement agreements attendant to dispute resolution.

Green Building

Shawn holds the LEED® Green Associate accreditation from the U.S. Green Building Council, which demonstrates knowledge of good environmental practice and skill, and reflects an understanding and support of green design, construction, and operations. Shawn has experience assisting construction industry clients with the unique legal challenges presented in green building.

Personal Interests

Shawn is an Ironman triathlete, marathoner, the former captain of a US Australian Rules Football team, outdoorsman, and avid international traveler.

Credentials

Bar Admissions

Illinois
Indiana

Court Admissions

Illinois Supreme Court
Indiana Supreme Court
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Central District of Illinois
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Northern District of Illinois, Trial Bar
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Illinois
U.S. District Court for the Southern District of Indiana
U.S. Supreme Court

Languages

Spanish

Education

University of North Carolina School of Law
J.D. North Carolina Journal of International Law and Commercial Regulation, Managing Editor (2007)

University of North Carolina
B.A. in Political Science and Spanish (2003)

Insights & Events

Other Perspectives
  • Forecasting Your Future
    Moderator, Chicago Building Congress Future Leaders, April 2017
  • Risk Management in Multifamily Construction
    Faegre Baker Daniels Construction Law Seminar, November 2015
  • Current Issues in Sustainable Design and Construction
    Half Moon Education, Inc., October 2013

Leadership & Community

Professional Associations

  • American Bar Association
  • Indiana State Bar Association
  • Illinois State Bar Association — Construction Section Council
  • Chicago Bar Association — Past Chair, Real Property Law — Construction Law & Mechanic's Lien Subcommittee
  • Chicago Building Congress, Future Leaders Committee, Diversity Committee

Civic Activities

  • U.S. Green Building Council — Illinois Chapter (USGBC-IL)
  • Lake Forrest Homeowners Association — Past President, Vice President, Secretary and Treasurer

Honors

  • Illinois Leading Lawyers — Emerging Lawyers, Construction Law, Commercial Real Estate Law, 2015-21
  • Faegre Baker Daniels — Baker Benson Pro Bono Award, 2016
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2015-16, 2019
  • LEED® Green Associate — U.S. Green Building Certification Institute
  • Sigma Delta Pi
  • Boy Scouts of America — Eagle Scout Award