Brandon G. Hummel
Brandon devotes a substantial portion of his practice to litigating construction, surety, and insurance coverage disputes including those involving disputed scope, contested change order, delay/acceleration, defective construction/design, breach of warranty, and mechanics lien and payment/performance bond claims. He also advises his clients on transactional matters in the construction/surety areas.
Representative Construction/Surety Litigation Matters:
- Brandon represented a subcontractor in a $5 million breach of contract, acceleration, and mechanics lien action before the American Arbitration Association pertaining to purported late delivery of a luxury apartment building in which he was able to settle on terms favorable to client
- Brandon defended an owner and general contractor in an $8 million construction defect case involving allegations of water infiltration at a commercial office building, which he was able to settle for less than 20% of potential exposure
- Brandon represented an owner in successful confidential mediation involving assertion of E & O claims against more than ten design professionals to recover in excess of $30 million dollars in construction cost overruns;
- Brandon co-chaired 6 week trial involving alleged breaches of multiple subdivision performance bonds; settled matter on favorable terms for surety; currently pursuing salvage from responsible third parties
- Brandon co-chaired 3 week trial involving scope and quantity of damages for breaches of subdivision performance bonds; awaiting trial court ruling
- Brandon first chaired adversary action in bankruptcy court on behalf of trustee involving disputed scope and change order claims on public project; settled case on favorable terms on the eve of trial
- Brandon successfully prosecuted $7 million breach of contract and equitable claims against general contractor on behalf of surety and its principal involving sophisticated mechanical project at the University of Chicago - case settled through mediation with all back charges of general contractor being waived and significant affirmative amount being paid to surety
- Brandon defended owner in $1.5 million breach of contract action involving purported defective work and failure to complete punch list work; resolved matter without client paying any amount to plaintiff
- Brandon represented issuers of subdivision performance bonds in multi-million dollar coverage disputes involving litigation of standing, successor liability, and limitations defenses;
- Brandon assisted in appeal to the United States Courts of Appeal for the Seventh and Ninth Circuits regarding interpretation of Miller Act scope for purchasing agents, entitlement to liability insurance proceeds where surety satisfies tort victim’s damages under a supersedeas bond, and scope of Washington’s economic loss doctrine.
Representative Surety and Construction Counseling Matters: drafted documents for troubled construction projects including forbearance, indemnity, teaming, takeover, and tender agreements. Reviewed and revised contract documents for contractor and subcontractor clients.
United States ex. rel. Pilico Systems v. Slurry Systems, 2015 U.S. App. LEXIS 18738 (7th Cir. 2015)
United City of Yorkville v. Ocean Atlantic Serv. Corp., 2013 U.S. Dist. LEXIS 140344 (N.D. Ill. 2013)
Gray Ins. Co. v. G.G. Connections, Inc., 2013 U.S. Dist. LEXIS 43163 (N.D. Ill. 2013)
Affiliated F.M. Ins. Co. v. LTK Consulting Services, Inc., 556 F.3d 290 (9th Cir. 2009)
Presentations and Publications:
Brandon has given presentations to a variety of industry groups on pertinent topics in the construction and surety fields including seminars addressing: (1) e-discovery best practices to AACE International (formerly Association for the Advancement of Cost Engineering) (Spring 2014) and the American Concrete Pavement Association (Spring 2014): (2) liability for improper preparation of estimates of probable construction cost to AACE International (Spring 2015); (3) the scope of the Illinois Public Construction Bond Act in the wake of the Illinois Supreme Court’s ruling in the Village of Antioch v. Lake County Grading, LLC (Fall 2014); and (4) ethical issues related to defense counsel representation of principals and sureties (in-house CLE presentation to client).
In addition, he has published a number of chapters and articles pertinent to my areas of practices. These include:
- Chapter 14, The Prudent Investor Rule and Exposure of the Probate Surety, in THE LAW OF PROBATE BONDS, co-author (ABA, Fall 2014).
- Chapter 14 - Bond Claims, in ILLINOIS CONSTRUCTION LAW MANUAL, (West, 2014), co-author
- Brief Primer on ERISA Bonding Requirements, (Fidelity Law Association, Fall 2013)
Chapter 1 - Conditions and Limitations, in ANNOTATED FINANCIAL INSTITUTION BOND (ABA, Fall 2013), co-author
- Just Email Me - The Art of Communication in Present Times and Its Impact on Claims Handling and Litigation, XVIII FID. L. J. (2012), co-author
- Midwest Region: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and Wisconsin, in CONSTRUCTION LAW UPDATE (Aspen, 2010 and 2011), editor
- Recent Developments in Insurance Regulation, 40 TORT & INS. L.J. 567, co-author
- Supplement to "Pleadings, Motions, and Orders", Class Actions, Illinois Institute for Continuing Legal Education, (2004), co-author
- Recent Pharmaceutical and Medical Devices: What St. Jude and Several State Court Cases Do and Don't Tell Us, Class Action Defense Section, Findlaw.com's Corporate Counsel Center, (April 2004), co-author
- Case Study: "Employing Complex Financial and Operative Techniques to Keep a Troubled TIF Afloat: Sauk Village's Experience with Its Own TIF III", Local Government Law: The Newsletter of the ISBA's Section on Local Government Law, (2004), co-author