Newton Marshall concentrates his practice on professional liability, construction litigation, and complex business disputes. He represents design professionals, including architects, engineers, land surveyors, and design-builders, in matters involving breach of contract, construction delay, professional negligence, statutory fraud, and mechanic’s liens. His practice also includes the defense of real estate and mortgage brokers, attorneys, home inspectors, and other licensed professionals in civil litigation and administrative proceedings.
Newt has extensive experience defending clients in investigations and enforcement actions alleging discrimination and licensing violations brought by local, state, and federal agencies, including U.S. Department of Housing and Urban Development, U.S. Environmental Protection Agency, U. S. Attorney, Illinois Department of Financial and Professional Regulation, Attorney Registration and Disciplinary Commission, Illinois Department of Human Rights, Illinois Attorney General, Cook County Commission on Human Rights, and Chicago Building Department. He regularly defends claims under the Illinois Consumer Fraud Act, municipal ordinances affecting developers and landlords, and state professional licensing statutes.
Newt’s broader practice includes representing construction companies, condominium associations, homeowners’ association, real estate and insurance brokers, attorneys, and other professionals in contract, tort, compliance, and fraud-based litigation. He also serves as Illinois hotline counsel for a national professional liability insurer, advising professionals on urgent risk management issues.
Newt has tried bench and jury cases, handled arbitrations, negotiated hundreds of settlements, and regularly drafts and negotiates design and construction contracts. He is a frequent speaker and author on issues involving professional liability, real estate professionals, condominium litigation, and construction-related disputes.
Additionally, Newt has completed intensive training in mediation and negotiation from the faculty of Pepperdine University School of Law’s top-ranked Straus Institute for Dispute Resolution, and is a Certified Mediator in the Cook County Court-Annexed Major Case Civil Mediation Program. He began serving as a mediator in 2018.
Professional & Community Involvement
- Society of Illinois Construction Attorneys (SOICA), President
- Legal Counsel Forum of the American Council of Engineering Companies (ACEC)
- Chicago Bar Association
- Illinois Association of Defense Trial Council
- Defense Research Institute
- Program Chair, DRI Professional Liability Seminar, 2023
- American Institute of Architects
- Claims and Litigation Management Alliance (CLM)
- Springboard Foundation, Member
Publications & Speaking Engagements
Publications:
- Co-author, Chapter 16, “Condominium Litigation,” in Illinois Condominium Law, a book published by the Illinois Institute for Continuing Legal Education (IICLE), and its 2003, 2007, 2010, 2013, 2016 supplements, and Chapter 5, “Condominium Litigation,” in Condominium Law: Daily Operation Challenges, 2021 and 2024 editions
- Author, “Complexities of Defending a Professional at Trial,” For The Defense, March 2019
- Author, “Arbitration Primer for Design Professionals,” DRI Newsletter, Vol. 10, Issue 4, December 2018
- Author, “How to Protect Against a Lawsuit,” Chicago Realtor Magazine, Vol. 20, Spring 2011
- Author, “The Right Road, Risk Management for Brokers,” Realtor® Magazine, Vol. 40, No. 8, August 2007
- Co-author, “Beware – Before You Buy or Sell Your Own Property: Tips for Brokers, Agents, on Staying out of Trouble,” Victor O. Schinnerer & Company, Inc.’s quarterly newsletter, “Risk Management Reporter,” Spring 2007
- Contributing Author, “Broker to Broker: Management Lessons from America’s Most Successful Real Estate Companies,” 2006
- Interviewee, “Your Associate Broke the Law!,” Realtor® Magazine, 2006
- “Illinois Appellate Court Reaffirms Economic Loss Doctrine,” Construction Law Update of Real Estate Finance, June 2006
Speaking Engagements:
- 26 “Risk Management Techniques,” in conjunction with Gallagher Insurance, IEI Roundtable, Chicago
- 25 “Effective Jury Trial Techniques and Trends,” in conjunction with The Honorable Brendan A. O’Brien, Professional Liability Seminar, New York City
- 25 Reducing Claims Against Engineers on Alternative Delivery Projects,” Panel Presentation/Workshop, American Society of Civil Engineers, Reston, VA
- 24 “Consistency Among Contracts with Owners and Consultants,” OKW Architects Roundtable Presentation, Chicago
- 24 “A Judge’s View on Construction Trials,” Moderated panel with Hon. Anthony C. Kyriakopoulos and Hon. Lisa R. Curcio (Ret.), SOICA, Chicago
- 23 “Defending and Resolving Claims Involving Professional and General Liability Policies,” in conjunction with Arch Insurance, AE ProNet Fall Conference
- 23 “Good Contract Practices for WKA,” Wheeler Kearns Architects presentation
- 23 “Claim Stories Around the Campfire,” in conjunction with Willis Tower Watson A&E Webinar
- 21 “Constructing Your Defense – A Real-Life Analysis of a Building Collapse,” DRI Professional Liability Seminar, New York City
- 21 “Professional Liability Law,” Illinois Engineering Seminar, Live Webinar
- 20 “Real Estate Broker Exposure When Seller Cancels Contract,” in conjunction with Compass Illinois
- 18 “CYA with CA,” in conjunction with Willis Towers Watson Webinar
- 18 “Defending The Professional at Trial,” DRI Professional Liability Seminar, New York City
- 17 “2017 Construction Case Law Review,” Society of Illinois Construction Attorneys Meeting, Chicago
- 06.16 “Professional Liability Law and Risk Management,” Engineering Law & Risk Management, Half Moon Continuing Education Seminar, Lisle, IL
