Elizabeth J. Boddy
Elizabeth J. Boddy has successfully counseled business owners on legal matters for more than twenty years. Her experience and strong background in litigation has taught her the advantage of proactive risk management and legal consulting up front to avoid or minimize conflict. In the event a dispute does arise, Elizabeth has the tools needed to advocate effectively, whether in direct negotiations, in court or via an alternative dispute resolution process.
Best Practices. Businesses of every size and type can benefit from periodic review of internal processes and implementation of best industry practices. Elizabeth regularly consults with her clients on such matters, including:
- Contract drafting and review
- Due diligence inquiry
- Credit policies
- Privacy disclosures
- Insurance coverage matters
- Use of non-compete, non-solicitation and non-disclosure agreements
- Internal governance, including fiduciary duties, conflict of interest policies and other internal controls.
Contract Negotiation and Enforcement. Elizabeth knows that a good deal begins with effective negotiation. It takes foresight and a thorough understanding of the transaction to manage payment and performance expectations, recognize risks, and allocate liabilities. Successful enforcement, when necessary, depends on a well-crafted document. Careful and concise drafting of key terms and conditions up front pays off by helping to prevent misunderstandings that might otherwise lead to disputes. Elizabeth routinely works with service agreements, revolving credit and security agreements, employment and severance agreements, commercial leases, AIA form and non-form construction agreements for architectural, general contracting and subcontracting services, and other types of contracts.
Dispute Resolution. When a conflict does arise, it takes a veteran litigator like Elizabeth to assess the options, develop a successful strategy, and manage it to conclusion. She has consistently achieved successful outcomes for her clients in contract disputes and other contested matters through direct negotiation, mediation, arbitration, litigation and trial.
Mechanics Liens. Mechanics liens are problematic for property owners and often play a role in real estate-related transactions. They can arise from delivery of several types of services for the benefit of a landowner, including property management, project management, architectural services, general contracting and subcontracting services, and material supply. Perfection and enforcement of mechanics liens can be tricky — the rules differ depending on the claimant's relationship to the owner.
Elizabeth has successfully represented owners and claimants alike on mechanics lien matters. Significant recent recoveries include a multi-million dollar claim for a general contractor involving hundreds of unpaid change orders, and a multi-million dollar claim by a service provider against one of the largest and best-known commercial properties in Chicago.
- “Lien Into It: Successful Perfection and Enforcement of Mechanics Liens in Illinois,” Illinois Brick Company Industry Showcase, Oak Brook, Ill. (2016)
- “The Ethical Conundrum: When Does Zealous Representation End and Unprofessional Conduct Begin? Vandenberg v. RQM, LLC” (2016)
- “Head 'Em Off at the Pass: Winning on Motion,” DuPage County Bar Association CLE seminar (2015)
- “Mr. Roberts’ Neighborhood: The impact of HUD’s affordable housing program on local zoning rules” (2013)
- "From My Cold, Dead Hands: A Study of the Second Amendment. Handgun Violence and Firearms Legislation in Illinois" (2012)
- "Patient Protection and the Affordable Care Act: Is the Individual Mandate for Health Care Insurance Constitutional? Arguments Pro and Con" (2011)
- "Liberty and Justice for ....?: An Examination of Political Power, Due Process and Civil Rights in the Context of National Security" (2007)
Service to the Profession
- Mentor, Illinois Supreme Court Lawyer-to-Lawyer Mentoring Program
- Instructor, Trial Advocacy Program, DuPage County Bar Association (Spring 2017)
- Chair Panelist, Court-Annexed Arbitration Program, DuPage County (1995 – present)
- Director, DuPage County Bar Association (1997-2005)
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