| Practice Description: Con Riordan's practice emphasizes the representation of contractors, sureties and lenders in both litigation and transactional aspects of construction and surety law. He has tried cases to verdict for contractors and sureties as well as representing them in appeals in both state and federal courts. He also has extensive transactional experience, including preparation of construction contracts, construction loan agreements as well as documents in default and termination cases, workouts, financing of principals, asset sales and acquisitions. As part of his construction practice he has participated in mediation and arbitration proceedings.|
Over the years, Mr. Riordan has represented commercial sureties in many performance bond and payment bond controversies covering a broad range of issues. He has also represented sureties in matters dealing with public officials bonds, appeal bonds, probate bonds, indemnity bonds, subdivision bonds, license bonds, custom bonds, mechanic's lien and discharge bonds, fringe benefit (wage and welfare) bonds, financial guaranty bonds, and workers' compensation bonds. On the fidelity side, Mr. Riordan has represented fidelity insurers in matters dealing with public employee blanket bonds, commercial crime policies and financial institution bonds.
Notable Cases and Results:
Successfully represented a surety in the defense of a claim under a public employee(s blanket bond arising out of a claim that covered public officials authorized $31 million in expenditures which allegedly were not appropriated.
Successfully represented a performance bond surety in a claim exceeding $3 million arising out of the failure of the construction of a municipal refuse incinerator in Wisconsin. Following an appeal, Mr. Riordan was able to negotiate a settlement of the claim against the surety resulting in no payment by the surety to the obligee and a recovery by the surety of its expenses from the principal.
Successfully represented a surety in a multi-million dollar performance bond claim arising out of the construction of a water and sewer line project. Following an appeal in which the Appellate Court vacated summary judgment awarded to the surety in the trial court, Mr. Riordan successfully negotiated the dismissal of the obligee(s claim with the obligee making a payment to the surety.
Obtained the ruling from the Illinois Appellate Court requiring that a payment bond surety proceeding under the Illinois Public Works Bond Act serve notice containing all of the required elements set forth in the statute.
He has represented construction contractors in a variety of matters ranging from claims of fraud in MBE/WBE compliance, representation of contractors in bankruptcy proceedings, mechanic's lien proceedings, and breach of contract actions. His recent contractor cases include:
- Represented a contractor client in the acquisition of a cement manufacturing business valued at over $20 million.
- Represented contractor clients and their sureties in concurrent state and federal proceedings, including appeals to the Illinois Appellate and Illinois Supreme Courts, wherein the state claimed that the contractor and others had engaged in a pattern of noncompliance of MBE/WBE participation on federally funded projects.
- Successfully represented a contractor client in obtaining insurance coverage for a claim involving illegal dumping of special waste and hazardous waste.
United States District Court, Northern District of Illinois
7th U.S. Circuit Court of Appeals
Year of Birth: 1951
Law School: The John Marshall Law School, J.D., 1976
Graduate School: DePaul University, M.S. Acc., 1982
Undergraduate School: University of Notre Dame, B.A., 1973
Bar/Professional Association Involvement:
Society of Illinois Construction Attorneys
American Bar Association
Fidelity and Surety Law Committee
Forum on the Construction Industry
Defense Research Institute
National Bond Claims Association
Illinois Road and Transportation Builders Association
Professional Services Committee