Gregory S. Gistenson
Greg Gistenson focuses his practice in construction and commercial litigation. He advises owners, general contractors, subcontractors and commercial and private equity lenders in complex disputes.
Greg represents public companies, closely held businesses and individuals in a wide variety of disputes, including construction delay claims, design and construction defect claims, and lien priority disputes. Greg also represents companies involved in disputes over the sale of goods and negotiable instruments under the Uniform Commercial Code. Clients depend on Greg to guide them through the claim process from start to finish.
Greg’s practice focuses on early intervention in the claims process in order to minimize or eliminate the cost of complex litigation. Whether investigating a potential claim prior to litigation or deconstructing a project through the litigation process, Greg is well-versed in working with today’s top engineers, architects and construction professionals throughout the claim process and in identifying issues at the first possible opportunity.
When litigation cannot be avoided, Greg works with the many stakeholders in litigation to pursue a streamlined discovery process without incurring unnecessary litigation expense. Greg’s representative cases include multimillion dollar disputes over hotels, shopping malls, purpose-built industrial facilities, mixed-use developments, highway projects and multi-unit residential construction.
Greg has also defended national banks from claims brought under the Fair Credit Reporting Act, Fair Debt Collection Practices Act and Illinois Collection Agency Act.
Prior to joining Barnes & Thornburg, Greg worked as a practicing legal extern for the Cook County State's Attorney Felony Trial Division under Supreme Court Rule 711. Greg also worked as an extern for Justice Robert E. Gordon of the Illinois Appellate Court.
Experience
- Barnes & Thornburg attorneys represented an international oil and gas company, which obtained a favorable outcome in connection with claims related to one of its large refinery modernization projects. The claims arose out of mislabeled welding wire that was delivered to and installed at the refinery and caused the client to suffer millions of dollars of repair damages. The litigation included four parties and was pending for more than two years. Following an unsuccessful mediation, the client continued to engage in difficult negotiations with all of the other parties, but ultimately convinced plaintiffs to compromise and settle all claims. The client received a substantial recovery without full-blown discovery and litigation.
- The Barnes & Thornburg Construction Law Practice Group represented a Florida contractor that designs and installs window-wall products on high-rise buildings. The complex case involved breach of contract, acceleration and disruption claims arising out of the construction of a 28-story apartment building in downtown Chicago. The matter also involved insurance coverage disputes related to these claims, including litigation filed by on of the insurance carriers in Florida.
With respect to the construction claims, two separate lawsuits were filed and after resolving complex procedural hurdles before the courts, the matter proceeded to arbitration involving the project owner, general contractor and our client before the American Arbitration Association. During those proceedings, we were able to negotiate a favorable settlement for our client, including a significant payment. We then also resolved the insurance litigation pending in Florida on favorable terms for our client.
Credentials
Education
- University of Iowa College of Law, J.D., 2009, with distinction, student writer for Iowa Law Review, participant in Jessup Intramural Moot Court Competition
- Indiana University, B.S., 2006, departmental honors in psychology, Dean’s Academic Fairness Committee
Bar Admissions
- Illinois
Court Admissions
- U.S. Bankruptcy Court for the Northern District of Illinois
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Indiana