Mr. Popovsky has litigated and arbitrated disputes on behalf of owners, EPC firms, engineering firms, contractors, and equipment vendors involving a variety of projects, including power plants, chemical processing plants, refineries, manufacturing facilities, wastewater treatment facilities, mining facilities, sewer systems, roadways, subway lines, environmental clean-up sites, a deep tunnel system, a baseball stadium, a postal processing center, and an airport terminal. Mr. Popovsky also has provided project legal consulting and contract drafting services to those involved in the construction process.
Key Professional Accomplishments
- Defense of EPC firm joint venturer against more than $7 billion claimed by the owners of an oil refinery.
- Arbitration of totaling more than $400 million involving slurry pipeline and ore processing facility in Africa on behalf of international mining firm.
- Arbitration of disputes on behalf of the owner of an international oil pipeline.
- Arbitration of chemical plant project disputes on behalf of an international equipment vendor.
- Litigation of claims on behalf of a Fortune 500 owner involving the design, construction and performance of Central American power plants.
- Litigation of claims of approximately $40 million on behalf of Top 5 EPS firm relating to the start-up of a power plant.
- Defense of Top 5 EPC firm against claims of more than $20 million relating to the construction of a power plant.
- Prosecution on behalf of Top 20 contractor of an approximately $50 million claim against a surety.
- Defense of a $60 million claim against a Top 10 EPC firm that alleged engineering errors and omissions led to a site condition claim in a large diameter deep rock tunnel.
- Defense of a Top 10 EPC firm for a $40 million claim for consequential damages for alleged failure to design and construct a synthetic caffeine plant so as to meet output requirement.
- Litigating claims on behalf of a Top 5 EPC firm arising out of an ethanol plant construction, including internal arbitration.
Mr. Popovsky has lectured and written on legal topics involving design professionals and contractors. Articles involving construction law include:
- Co-authored the chapter “Contractual Defenses” of the text “Architect and Engineer Liability: Claims Against design Professionals,” Aspen Publications (3rd Ed. 2006)
- Authored the chapter “Licensing” of the text “Illinois Construction Law,” Aspen Publishers.
- Co-authored the Illinois chapter of a two-volume text entitled “State-By-State Guide to Architect, Engineer, and Contractor Licensing,” Aspen Publishers.
- Co-authored the article “Design Professional Liability for Differing Site Conditions and the Risk-Sharing Philosophy” published in the April 2000 Edition of the ABA Construction Lawyer.
- Illinois Super Lawyers 2007, 2010-2017
- Legal 500 USA: mention 2011, 2012
- Member: Society of Illinois Construction Attorneys
- American Bar Association Section of Litigation and Forum on the Construction Industry
A 1991 graduate of the University of Illinois College of Law, Magna Cum Laude, Mr. Popovsky served as Notes Editor for the Recent Decisions section of the Illinois Bar Journal. He received a Bachelor of Science degree in Civil Engineering from the University of Illinois at Urbana-Champaign, and is a member of the Chi Epsilon Civil Engineering Honor Society.