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OVERVIEW

Gregory S. Gistenson
Partner

Chicago

One North Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 312-214-4573

F 312-759-5646

OVERVIEW

Gregory S. Gistenson
Partner

Chicago

One North Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 312-214-4573

F 312-759-5646

Greg Gistenson focuses his practice in construction and commercial litigation. He advises owners, general contractors, subcontractors and commercial and private equity lenders in complex disputes.

OVERVIEW

Gregory S. Gistenson Partner

Chicago

One North Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P : 312-214-4573

Greg Gistenson focuses his practice in construction and commercial litigation. He advises owners, general contractors, subcontractors and commercial and private equity lenders in complex disputes.

Greg represents public companies, closely held businesses and individuals in a wide variety of disputes, including construction delay claims, design and construction defect claims, and lien priority disputes. Greg also represents companies involved in disputes over the sale of goods and negotiable instruments under the Uniform Commercial Code. Clients depend on Greg to guide them through the claim process from start to finish.

Greg’s practice focuses on early intervention in the claims process in order to minimize or eliminate the cost of complex litigation. Whether investigating a potential claim prior to litigation or deconstructing a project through the litigation process, Greg is well-versed in working with today’s top engineers, architects and construction professionals throughout the claim process and in identifying issues at the first possible opportunity.

When litigation cannot be avoided, Greg works with the many stakeholders in litigation to pursue a streamlined discovery process without incurring unnecessary litigation expense. Greg’s representative cases include multimillion dollar disputes over hotels, shopping malls, purpose-built industrial facilities, mixed-use developments, highway projects and multi-unit residential construction.

Greg has also defended national banks from claims brought under the Fair Credit Reporting Act, Fair Debt Collection Practices Act and Illinois Collection Agency Act.

Prior to joining Barnes & Thornburg, Greg worked as a practicing legal extern for the Cook County State's Attorney Felony Trial Division under Supreme Court Rule 711. Greg also worked as an extern for Justice Robert E. Gordon of the Illinois Appellate Court.

Professional and Community Involvement

Associate Fellow, Construction Lawyers Society of America

Member, Diversity Law Institute

Member, Trial Law Institute

Honors

Illinois Super Lawyers Rising Star, 2016-2019

EXPERIENCE
  • Barnes & Thornburg attorneys represented an international oil and gas company, which obtained a favorable outcome in connection with claims related to one of its large refinery modernization projects. The claims arose out of mislabeled welding wire that was delivered to and installed at the refinery and caused the client to suffer millions of dollars of repair damages. The litigation included four parties and was pending for more than two years. Following an unsuccessful mediation, the client continued to engage in difficult negotiations with all of the other parties, but ultimately convinced plaintiffs to compromise and settle all claims. The client received a substantial recovery without full-blown discovery and litigation.
  • The Barnes & Thornburg Construction Law Practice Group represented a Florida contractor that designs and installs window-wall products on high-rise buildings. The complex case involved breach of contract, acceleration and disruption claims arising out of the construction of a 28-story apartment building in downtown Chicago. The matter also involved insurance coverage disputes related to these claims, including litigation filed by on of the insurance carriers in Florida.

    With respect to the construction claims, two separate lawsuits were filed and after resolving complex procedural hurdles before the courts, the matter proceeded to arbitration involving the project owner, general contractor and our client before the American Arbitration Association. During those proceedings, we were able to negotiate a favorable settlement for our client, including a significant payment. We then also resolved the insurance litigation pending in Florida on favorable terms for our client.
  • The Barnes & Thornburg Construction Law Practice Group represented a luxury brand automobile dealership in connection with litigation involving mechanic's lien claims, construction defect claims and claims arising out of the insolvency of the general contractor during a project to construct a new automobile dealership and sales facility in Naperville, Illinois. We successfully resolved the claims at issue through negotiation.
  • The Barnes & Thornburg Construction Law Practice Group routinely represent owners, contractors and subcontractors in connection with various mechanic's lien and related claims.
  • The Construction Law Practice Group represents an international oil and gas company in connection with one of the largest, if not the largest, refinery modernization construction projects in the United States. Our work on this project has included the following significant claims:

    Litigation Regarding Refinery Emissions Control System

    We are lead counsel handling litigation pending in California arising out of a contract to design and supply a large emissions reduction system for a power plant at the refinery. In conjunction with attorneys in our Los Angeles office, we are both defending against the contractor’s claims and prosecuting counterclaims worth several million dollars.

    $20 Million Dispute With Refinery Contractor – Forensic Audit

    We are lead counsel in a $20 million dispute with a contractor that performed a major turnaround maintenance project at the refinery. The investigation of these claims includes cost accounting and forensic audit issues and various claims related to the work itself. Our team is responsible for dispute resolution efforts and any litigation that may be required.

    $15 Million Dispute - Supplier of Defective Component Parts

    We are lead counsel in a dispute with a supplier of refinery component parts that involves over 100 claims and at least $15 million. Our team is responsible for the investigation and analysis of the claims, dispute resolution efforts and any litigation that may be required.

    $10 Million Dispute – Coke Facility Construction Work

    In 2012, we successfully resolved a $10 million dispute related to the construction of the large coke handling facility at the refinery. We evaluated the complex commercial contract that included construction of the facility, and assisted the client in negotiations that resolved the dispute on favorable terms including eliminating certain potential future claims.

    Structural Steel Fireproofing

    We are co-counsel in connection with the investigation and litigation of issues related to structural steel fireproofing at the refinery. The claims involve steel suppliers, fireproofing fabricators and fireproofing suppliers located in various states and litigation that is now pending in two states.
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