With more than three decades of experience in representing clients involved in major construction projects, Ellen Chapelle knows how to assess, protect and defend her clients’ interests both before and after any problems arise.
As a partner in the firm’s Construction Practice, as well as the Chair of the firm’s Insurance Counseling and Recovery Practice, Ellen’s wide range of experience spans both the litigation and corporate sides of representing construction clients. After beginning her career as a complex-commercial litigator, Ellen began applying the knowledge gained through litigation to commercial contracts, including construction contracts, vendor agreements and non-disclosure agreements, with a special emphasis on insurance coverage.
Ellen’s work in the construction industry has involved representing corporations, partnerships, owners, general contractors and 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.
For the past several years, Ellen served as Associate General Counsel of the Fermi Research Alliance, which manages the Fermi National Accelerator Laboratory for the U.S. Department of Energy. While at Fermilab, Ellen supported multiple large projects that are line items in Congressional budgets, including the Long Baseline Neutrino Facilities/DUNE-US Project, which recently completed construction on nine-story caverns a mile underground at the Sanford Underground Research Facility in South Dakota. Ellen also worked on the risk management and insurance plans to prepare for Fermilab to host international collaborators who will be participating in the installation of scientific equipment at those facilities in South Dakota.
In the corporate arena, Ellen has negotiated and drafted contracts, including construction contracts, vendor agreements and non-disclosure agreements. She also has drafted specifications for insurance, including scope of coverage and additional insured requirements. Ellen has counseled clients concerning risk avoidance in the contracting process, including the importance of identifying gaps between insurance and indemnity provisions.
Ellen also has extensive experience in commercial litigation involving bankruptcy, contract disputes, trade secrets, defamation, professional liability, local governmental taxation and constitutional issues. She has practiced in both state and federal trial and appellate courts, as well as appearing in administrative proceedings. She is also experienced in alternative dispute resolution.
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. In addition, she has litigated cases seeking insurance coverage for property damaged by construction defects.
