Josh Leavitt

Practice Areas

Josh has over 35 years of experience guiding companies through complex construction and design projects. Known for his deep industry knowledge, he handles disputes, contracts, licensing, due diligence, climate change liability, and risk management matters. Josh focuses on the middle and upper markets, representing both mid-level entities and worldwide leaders in the construction space. His clients range from individuals and family-owned companies to large public entities, Fortune 100 companies, and ENR-listed construction and engineering firms.

Clients rely on Josh's prowess as a litigator, negotiator, and business advisor as well as his dedication to top-notch service. Josh works as a core member of his clients' teams, helping them take advantage of Much's full-service capabilities and midsize value proposition. He prides himself on collaborating with colleagues to acquire a true 360-degree view of any opportunity or challenge.

Josh has handled matters involving dozens of building systems and technologies on a variety of project types, including:

- Stadiums and recreational facilities

- Process, manufacturing, industrial gas, and chemical plants

- Oil refineries, substations, and utilities

- Bio-fuel, wind, solar, ethanol, and other alternative energy plants

- Piping, pipe welds, and structural welds

- Hospitals and other medical buildings

- Restaurants and food processing facilities

- Museums and theaters

- Rail and airports

- Industrial buildings and warehouses

- Concrete, steel, curtainwall, roofing, and window systems

- High-rises, condominiums, co-ops, residences, hotels, and parking garages

- Supertall buildings

- Government buildings

- Roads, bridges, and tunnels

- Quarries and breakwaters

- School and university buildings, dorms, stadiums, and sport facilities

- Modular and 3D printing installations

On the disputes side, Josh leads litigation and alternative dispute resolution involving the full spectrum of construction claims, such as delays and disruption, defects, change orders, and insurance coverage. He has presented and cross-examined numerous expert witnesses, including structural, mechanical, soil, instrumentation, control system, process, and chemical engineers; line integrators and material scientists; roofing, HVAC, plumbing, curtainwall, exterior façade, and other building system consultants; standard of care, estimating, scheduling, and damages experts; appraisers, realtors, market analysts, and economists; and developer, construction, and lending experts. Josh also serves as a mediator of complex disputes.

On the transactions side, Josh counsels clients on delivery system selection, contracts, and risk management. He drafts, negotiates, and advises clients on a wide range of construction, design, and EPC project agreements. Josh has a niche practice leading due diligence efforts in acquisitions and reorganizations involving construction and engineering firms. These clients call on him to identify, assess, and address risks of troubled projects for both sell-side and buy-side engagements.

Professional Memberships

- American College of Construction Lawyers, Board of Governors

- Society of Illinois Construction Attorneys, Past President

- American Bar Foundation, Fellow

Publications

Josh lectures and writes on construction and design law topics, including delay and disruption claims, construction damages, liability of design professionals and contractors, electronic discovery, mediation and arbitration strategies, ADR clauses, construction defects, and claims prevention techniques. He is a thought leader on advanced and emerging delivery system choices, construction law issues on global infrastructure and P3 projects, insurance coverage, green building and sustainability, 3D printing and advanced manufacturing, construction industry liability with respect to climate change, and other technology and due diligence in industry acquisitions.

Josh has been a frequent panelist for Practicing Law Institute's (PLI) national construction law symposium in New York. He has served annually since 2007 as a panelist for PLI's Commercial Real Estate Institute and more recently as the event's national co-chair. In 2021, he co-founded PLI's annual infrastructure program.