Brian C. Padove

PARTNER | CHICAGO, IL
(312) 219-6900

Brian Padove is an attorney in Watt Tieder’s Chicago office and is licensed to practice law in Illinois, Indiana, and Wisconsin.

Brian focuses his practice in the areas of commercial litigation, construction law, and suretyship representing a wide variety of construction industry clients including contractors, subcontractors, suppliers, and owners. He has experience in contract drafting and negotiations, breach of contract claims, mechanic’s liens, and claims involving delays. Brian also represents sureties in matters involving payment and performance bond claims on private and public projects, drafting and negotiating takeover agreements, and collateral and indemnity disputes.

Prior to joining Watt Tieder, Brian practiced at a national insurance defense law firm garnering experience in professional liability – legal malpractice matters, general liability actions, ERISA litigation, and toxic tort. He received his J.D. from the University of Wisconsin Law School in 2014, and during law school, he completed a judicial internship under Justice David T. Prosser, Jr. (Ret.) of the Wisconsin Supreme Court.

In addition to his practice, Brian regularly authors articles and presents on trending and practical construction industry issues.

His education and experience allow him to provide a full range of transactional and litigation services to his clients.

Honors/Awards

  • Super Lawyers, Rising Stars (IL), Construction Litigation – 2021 – 2024
  • Construction Financial Management Association (CFMA) “Rising Star” Honoree – 2023

Memberships

  • American Bar Association
    • Member of the Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section (TIPS)
  • American Subcontractors Association – National (ASA)
  • Associated General Contractors of America (AGC)
    • Chicagoland Associated General Contractors (Chicagoland AGC)
  • Chicago Bar Association
  • Chicago Surety Claims Association
  • Construction Financial Management Association (CFMA)
  • Northwest Indiana Business Roundtable (NWIBRT)

Speaking Engagements & Publications

  • Co-Speaker: “Construction Documentation: Contract Review and Assessing Validity of Principal’s Affirmative Claims,” Intact Surety Meeting (May 2024).
  • Co-Author: “Handling Responsibility for A.I. In Construction,” The Contractor’s Compass, The Monthly Educational Journal of the Foundation of the American Subcontractors Association (January 2024).
  • Co-Speaker: “From Supply Chains to Inflation: Managing Fluctuating Challenges and Risks – Back to the Basics,” Illinois CPA Society’s Construction Industry Conference (October 2023).
  • Co-Speaker: “Contingent Payment Clauses: A Surety’s Right to Assert a ‘Pay if Paid’ or ‘Pay when Paid’ Defense,” Midwest Surety & Construction Claims Conference (July 2023).
  • Co-Author: “Navigating Default & Termination: A Contractor’s Guide,” CFMA Building Profits, Construction Financial Management Association (CFMA) (March/April 2023).
  • Author: “The Consequences of Consequential Damages in Construction Contracts,” The Newsletter of Watt, Tieder, Hoffar & Fitzgerald, L.L.P. (Winter 2023); re-published in blog format by ConsensusDocs (March 2023).
  • Co-Speaker: “Damages & Delays in the Context of Supply Chain Impacts and COVID-19,” Construction SuperConference (December 2022).
  • Speaker: “Fall Claims Act: Primer Surety Considerations & Best Practices” (November 2022).
  • Speaker: “Public Official Bonds,” 2022 Liberty Commercial Surety Claims Seminar (October 2022).
  • Co-Speaker: “Defending the Surety’s Election Rights,” National Bond Claims Association annual Meeting (October 2022).
  • Co-Speaker: “Conditions Precedent and the Performance Bond Surety’s Election Rights,” Midwest Surety & Construction Claims Conference (July 2022).
  • Co-Speaker: “From Supply Chains to Inflation: Managing Fluctuating Challenges & Risks,” CFMA Annual Conference & Exhibit (May 2022).
  • Author: “No Signature? Potentially No Problem For Sureties Enforcing A Bond’s Forum Selection Clause,” The Newsletter of Watt, Tieder, Hoffar & Fitzgerald, L.L.P. (Winter 2022); re-published in blog format by ConsensusDocs and in American Bar Association FSLC Newsletter (Fall 2022).
  • Co-Speaker: “Supply Chain Crisis: Mitigating Risk in Uncertain Times,” Ankura Construction Forum Webinar (January 2022).
  • Co-Author: “How Can Subcontractor Prequalification Benefit the Contractor?,” CFMA Building Profits (December 2021).
  • Co-Speaker: “Supply Chain Risk Management,” Chicago Bar Association, Construction Law and Mechanics Lien Subcommittee (November 2021).
  • Co-Author: “Subcontractor Prequalification: What’s Changed & Best Practices,” CFMA Building Profits (November/December 2021).
  • Co-Speaker: “Unanticipated Issues & Adaptability: Lessons learned During the Pandemic and Future Challenges for the Construction Industry,” National Association of Independent Sureties Fall 2021 Meeting (October 2021).
  • Co-Speaker: “The Contract Documents: Who is the Responsible Party and Avoiding Conflicts,” Midwest Surety & Construction Claims Conference (July 2021).
  • Author: “De-escalating The Impact of Price Escalation,” The Newsletter of Watt, Tieder, Hoffar & Fitzgerald, L.L.P. (Spring 2021); re-published in blog format by NASBP and ConsensusDocs.
  • Speaker: “Contracts Speak For Themselves . . . Or Do They? The Obstacles of Managing and Resolving Inconsistencies with Ancillary Documents, Attachments, and Exhibits: A Webinar” (May 2021).
  • Co-Author: “Quantifying Lost Labor Productivity Claims”, Substance Magazine (Winter 2020).
  • Author: “‘Too Much Notice’ of a Payment Bond Claim May Be No Notice At All Under the Miller Act,” The Newsletter of Watt, Tieder, Hoffar & Fitzgerald, L.L.P. (Summer 2020).
  • Co-Speaker: “What to Say, What Not to Say: An Overview of Tips Surety Underwriters Should Consider While Communicating,” (July 2020).
  • Co-Speaker: “Blockchain Technology: The Impact on the Construction, Surety and Legal Industries,” CFMA Chicago Chapter Webinar (April 2020).
  • Co-Speaker: “Federal Construction Contracts vs. COVID-19: An “Excused” Delay? A NASBP Podcast,” https://letsgetsurety.org/author/lets-get-surety/.
  • Co-Author, “Federal Construction Contracts vs. COVID-19: An “Excused” Delay?,” The Newsletter of Watt, Tieder, Hoffar & Fitzgerald, L.L.P. (Spring 2020).
  • Speaker: “More Data, More E-Discovery Considerations: Insights for Construction and Legal Professionals in the 2020s,” Watt, Tieder, Hoffar & Fitzgerald, L.L.P. Chicago Office Lunch and Learn. (February 2020).
  • Co-Speaker: “Blockchains: The Potential Effects on the Construction, Surety, and Legal Industries,” CFMA Midwest Regional Conference (September 2019).
  • Author: “Blockchains 101: The Essentials”, The Newsletter of Watt, Tieder, Hoffar & Fitzgerald, L.L.P. (Summer 2019).

Areas of Practice

  • Construction
  • Surety
  • Commercial Litigation

Education

  • University of Wisconsin Law School, J.D., 2014
  • Butler University, B.S. Economics, 2012

Clerkship

  • 2014 Judicial Internship under Justice David T. Prosser, Jr. (Ret.), Wisconsin Supreme Court

Bar Admissions

  • Illinois
  • Indiana
  • Wisconsin

Court Admissions

  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Western District of Wisconsin