krista-kapp

Krista H. Kapp

Partner

Direct: 312.445.8783

Fax: 312.281.9010

Education

Loyola University Chicago
J.D., 1998, cum laude

Miami University
B.A., 1995, cum laude
Phi Beta Kappa

Ms. Kapp drafts and negotiates complex construction and design agreements on behalf of owners, developers, contractors, subcontractors, design professionals and specialty consultants. Ms. Kapp also counsels and advises clients on effective strategies for project execution and completion and contract interpretation and enforcement during the course of a construction project.

Specifically, she has represented developers, contractors, specialty subcontractors and design professionals in drafting and negotiating contracts for commercial, stadium, condominium, residential, hotel, university and shopping center projects. In addition, Ms. Kapp has worked extensively with clients to help negotiate resolutions to conflicts in an effort to prevent the filing of litigation.

PERSONAL

When not working or playing with her two young children, Krista and her husband venture out to Chicago’s newest restaurants on their weekly date night – their favorite so far for 2017 … Bad Hunter.

  • American Bar Association
    • Forum on Construction Law
  • Chicago Bar Association
  • Concordia Place, Board of Directors

Ms. Kapp’s construction law representation includes:

  • The $600 million historic reconstruction of Soldier Field.
  • The multi-billion-dollar, multi-building development in downtown Manhattan at Ground Zero to replace the World Trade Center.
  • A development and investment firm in the drafting and negotiating several design and construction contracts for projects across the country including the design and construction of a luxury residential condominium development in West Palm Beach, Florida; a 45-story 490-unit luxury residential apartment building in Chicago’s Streeterville neighborhood; and the construction and development of a portion of an area in San Francisco, California known as Block 6 containing a 32-story high-rise tower and 6-story podium with 402 apartments, seven 3-story townhouses, below grade parking garage, retail space and two amenity levels.
  • A real estate investor and developer in the drafting and negotiating of design and construction contracts for the construction of a 335 room hotel and retail and multi-purpose space in the Randolph Corridor in Chicago, Illinois on a tightly constrained site requiring analysis of air rights and crane easements.
  • An independent hotel developer in the drafting and negotiation of design and construction contracts for the construction of boutique hotels in Kansas City, Kansas, Detroit, Michigan and Minneapolis, Minnesota;
  • A developer, owner and operator of power generation and energy storage facilities in the drafting and negotiation of a design build contract for a solar energy project in Oregon.
  • A not-for-profit owner in the drafting and negotiation of design and construction contracts for the construction of older-adult residences in Evanston, Illinois and Tucson, Arizona.
  • A billion dollar transnational food and drink company in the drafting of its form construction and design build contracts.
  • A private university with approximately 23,000 students in the drafting and negotiation of the construction contract for the university’s new theater school.
  • A national power generation and development company in a bankruptcy court adversary action based on an EPC agreement involving cost overruns and construction delays in a $250 million electric power plant.
  • A specialty public contractor/manufacturer in breach of contract and tort claims against a governmental transportation agency.
  • Condominium unit purchasers in a construction defect, design error and fraud action against a real estate developer, its architect, engineer, contractors and real estate listing agent resulting in a multi-million dollar settlement.
  • Author, Owners’ Amending AIA A101-2007: Standard Form of Agreement Between Owner and Contractor Based on a Stipulated Sum, Chapter 6, 3rd ed., Alternative Clauses to Standard Construction Contracts (Aspen 2009) and supplements 2010-2016
  • Author, Owners’ Amending AIA A102-2007: Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Chapter 7, 3rd Ed., Alternative Clauses to Standard Construction Contracts (Aspen 2009) and supplements 2010-2016
  • Co-Author, Owners’ Amending AIA A132-2009: Standard Form of Agreement Between Owner and Contractor, Construction Manager as Advisor Edition, Chapter 9, 3rd Ed., Alternative Clauses to Standard Construction Contracts (Aspen 2009) and supplements 2010-2016
  • Author, “Construction Industry Expert Testimony in the Aftermath of Kumho Tire Co., Ltd. v. Carmichael and Under Amended Rule 702 of the Federal Rules of Evidence,” ABA Forum on the Construction Industry 2001 Annual Meeting, Volume 2 (April 26-28, 2001)
  • Author, “Five Steps an Owner Should Take to Terminate a Construction Contract Properly,” 21 Shopping Center Legal Update 1, 11-13 (Spring 2001)
  • Author, “Construction Site Safety,” Structure Magazine, p.19 (April 2001)
  • Author, “Contractual Protections Against Mechanics Liens and the Importance of Lien Waivers,” Commercial Leasing Law and Strategy (November/December 2001)

Construction Law Corner

  • Failure to Analyze Dispute Resolution Provisions Results in Vacated Arbitration Award (Spring 2015)
  • The What, When and How of the 2013 AIA Digital Practice Documents (Fall 2013)
  • To Bond or Not to Bond? The Pros and Cons of Bonds on Private Projects (Fall 2012)
  • Protections for Completing Contractors (Fall 2010)
  • Liquidated Damage Provisions in Construction Contracts: An Owner’s Perspective (Summer 2010)
  • Speaker, “Contracts 101,” CFMA Chicago Chapter (February 2017)
  • Speaker, “Drafting and Interpreting Additional Insured Agreements,” National Business Institute Live Teleconference (April 2015)
  • Speaker, “Development of a Project,” American Bar Association Tort Trial and Insurance Practice Section and Fidelity Surety Law Committee Midwinter Construction Meeting (January 2015)
  • Speaker, “The Bidding Process, the Construction Contract and Government Contracts,” American Bar Association Forum on the Construction Industry 2013 Regional Program, The Fundamentals of Construction Law (November 2013)
  • Speaker, “Most Controversial A201 Provisions,” Society of Illinois Construction Attorneys (March 2012)
  • Speaker, “The Wonderful World of Construction Law: Basic Concepts and Current Issues,” ALI-ABA (November 2010)
  • Speaker, “Key Risk Factors in Construction Contracting,” Mid-Atlantic Construction Seminar, Lorman Education Services, Baltimore, Maryland (May 2006)
  • Guest Lecturer, “The Economic Loss Rule in Florida,” The University of Miami Law School, L.L.M. Program in Real Property Development, Guest Lecture (February 2006)
  • Illinois
  • U.S. District Court for the Northern District of Illinois