Ellen’s practice focuses on complex commercial litigation with an emphasis on insurance coverage issues and construction litigation.  She has extensive experience in all phases of litigation including contract disputes, trade secrets, defamation, professional liability, local governmental taxation, and constitutional issues.  Ellen has practiced in both state and federal trial courts and appellate courts and has appeared in administrative proceedings.  She is experienced in alternative dispute resolution and has advised clients on issues relating to procurement of insurance policies. 

Ellen's work in the construction industry involves representing corporations, partnerships, owners, general contractors, subcontractors in connection with both public and private projects.  Her experience includes handling construction defect claims, change orders, delay claims, claims for cardinal changes in the contract, mechanics lien claims, bond claims, and claims involving "pay when paid" clauses.

With respect to insurance coverage matters, Ellen has represented clients in disputes with their insurers for coverage under property, general liability and builders risk policies.  She has litigated cases seeking insurance coverage for property damaged by construction defects and personal injury for which the insurer denied coverage under an absolute pollution exclusion.

Prior to joining Gould & Ratner, Ellen practiced law at Kubasiak, Fylstra, Reizen & Rotunno, P.C. in Chicago.

Recent Representative Matters

• Represented the plaintiff joint venture in a claim for recovery of the contract price, plus the value of certain extra work, relating to a bridge over the Chicago River.  Much of the work was done pursuant to oral change orders.  The matter was settled before trial, after the City of Chicago agreed to pay the entire amount claimed by the plaintiff joint venture, including the amounts for extra work. 
• Represented the contractor who was retained in connection with the renovation of the HVAC/temperature control system and its conversion to digital controls at a federal building.  Prepared a claim for the contractor for unfinished work, unabsorbed overhead, change orders and delay against GSA.  After extensive discovery concerning those issues, the claim was settled on favorable terms for our client before the United States Board of Contract Appeals. 
• Represented a large real estate developer in an action against an auditing firm for failing to detect a multi-million dollar embezzlement by the developer's bookkeeper.  Despite the fact that no audit or attestation level services were performed, obtained a seven-figure recovery at trial based upon the American Institute of Certified Public Accountants' Management Advisory Standards (which had seldom been used to impute liability in litigation matters prior to that time). 
• Represented a municipality in a suit against its former insurance claims administrator and its auditing firm for failing to detect a multi-million dollar fraud regarding the management of its self-insurance program.  Obtained a favorable settlement for the municipality. 
• Represented a manufacturer in a trade secrets action against a competitor who obtained the client's designs through a common supplier.  Obtained a favorable judgment at trial. 
• Represented a joint venture in connection with an action seeking insurance coverage for damages occurring during construction of a municipal water plant. 
• Represented contractor in connection with claims for changes and delay in the renovation of a wastewater treatment plant.

Professional and Civic Affiliations

• Valparaiso Historic Preservation Commission, Mayoral Appointee, June 2006-2008.
• Banta Neighborhood Association, Valparaiso, Indiana, Vice-President, September 2005-2006, Committee Chair, October 2006-2007.
• Edgewater Community Council, Chicago, Illinois, Board Member, 2002-2003.

News

• Gould & Ratner LLP Presents Seminar on Mechanics Liens