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EMAIL nmarshall@karballaw.com

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Newton C. Marshall

Member

    • Practices in the area of professional liability, construction litigation, business torts, breach of contract, consumer claims, director liability, and business fraud.
    • Represents design professionals, including architects, professional and structural engineers, land surveyors, and design-builders in areas such as breach of contract, construction delay, professional negligence, statutory fraud, and mechanic's liens.
    • Represents real estate and mortgage brokers, attorneys, home inspectors, and other real estate professionals in a variety of cases and administrative claims.
    • Represents real estate professionals, design professionals, and attorneys in investigations and prosecutions alleging discrimination and licensing violations brought by local, state, and federal agencies, including the U.S. Department of Housing and Urban Development, U.S. Environmental Protection Agency, U. S. Attorney, Illinois Department of Financial and Professional Regulation, Attorney Registration and Disciplinary Commission, Illinois Department of Human Rights, Illinois Attorney General, Cook County Commission on Human Rights, and Chicago Building Department.
    • Strength in defending clients in actions brought under the Illinois Consumer Fraud Act, municipal ordinances pertaining to developers and landlords, and state professional licensing statutes.
    • Diverse experience representing construction companies, condominium associations, architects, engineers, real estate and insurance brokers, attorneys, and other licensed professionals in contract, tort, compliance, and fraud-based litigation.
    • Serves as the Illinois 'hotline' attorney for a national professional liability carrier to counsel real estate and other professionals on immediate legal needs to reduce their exposure to lawsuits.
    • Tried bench and jury cases and arbitrations, and negotiated hundreds of settlements through formal mediation and informal negotiation.
    • Drafts and negotiates design and construction contracts.
    • Speaks, lectures, and publishes articles on issues pertaining to real estate agents and brokers, condominium litigation, design and construction issues, and professional liability.
     

Education

  • B.A. Economics, Denison University, 1986
  • J.D. Case Western Reserve University School of Law, 1992
  • Certified Mediator Cook County Court-Annexed Major Case Civil Mediation Program
  • Intensive Training in Mediation and Negotiation Faculty of Pepperdine University School of Law’s top-ranked Straus Institute for Dispute Resolution

Bar Admission

  • State of Illinois, 1992
  • United States District Courts for the Northern District of Illinois

Membership

  • Society of Illinois Construction Attorneys (SOICA), by invitation
  • Legal Counsel Forum of the American Council of Engineering Companies (ACEC), by invitation
  • American Bar Association
  • Chicago Bar Association
  • Illinois Association of Defense Trial Council
  • Defense Research Institute
  • Professional Liability Underwriting Society
  • American Institute of Architects (AIA)

Recent presentations and articles include:

  • “Arbitration Primer for Design Professionals,” DRI Newsletter,Professional Liability Committee, Vol.10, Issue 4, December 2018.
  • “CYA with CA,” Webinar in conjunction with Willis Towers Watson, December 2018
  • “Defending The Professional at Trial,” DRI Professional Liability Seminar, New York, New York, November 2018
  • “2017 Construction Case Law Review,” Society of Illinois Construction Attorneys, Chicago, Illinois, December 2017
  • “Professional Liability Law and Risk Management,” Engineering Law & Risk Management, Half Moon Continuing Education Seminar, Lisle, Illinois, June 2016.
  • “Liability Issues Related to the Use of Drones in Engineering,” DRI Professional Liability Seminar, New York, New York, December 2015.
  • “From Opening to Close –A Construction Trial and the Technology to Win Your Case,” IllinoisState Bar Association Mock Trial Seminar, “Tips and Techniques for Conducting Opening Statements,” Chicago, Illinois, October 2015.
  • “Applying Risk Management Principles to the Practice of Engineering,” Engineering Law and Risk Management Seminar for Continuing Education, Wheaton, Illinois, June2015.
  • “How to Protect Against a Lawsuit,” Chicago Realtor Magazine, Vol. 20, Spring 2011.
  • “The Right Road, Risk Management for Brokers,” Realtor® Magazine,Vol. 40, No. 8, August 2007.
  • “Beware –Before You Buy or Sell Your Own Property: Tips for Brokers, Agents, on Staying out of Trouble,” co-author, Victor O. Schinnerer & Company, Inc.’s quarterly newsletter, “Risk Management Reporter,” Spring 2007.
  • “Illinois Appellate Court Reaffirms Economic Loss Doctrine,” Construction Law Update of Real Estate Finance, June 2006.
  • Co-author of Chapter 16, “Condominium Litigation,” in Illinois Condominium Law, a book published by the Illinois Institute for Continuing Legal Education (IICLE), and its 2003, 2007, 2010, and 2013 Supplements.
  • Contributing author to “Broker to Broker: Management Lessons from America’s Most Successful Real Estate Companies,” published by John Wiley & Sons, 2006.