John Sebastian focuses his practice primarily in the areas of surety bond, construction and commercial litigation. With an undergraduate degree in Construction Engineering Technology, and a wealth of practice experience in-house and in private practice, he is well equipped to both counsel and protect his construction industry clients in their challenging legal matters.

Mr. Sebastian has represented sureties, contractors, architects, engineers, design/builders, and trade contractors in payment disputes, design defect claims, delay claims, defective work claims, and contractor, subcontractor and owner bankruptcies. His construction law matters include design defect claims, delay and disruption claims, labor productivity, contract interpretation, differing site conditions, and surety bond and mechanics lien claims. Mr. Sebastian also has handles complex commercial litigation, including fidelity bond claims, common law fraud, breach of contract matters and preserving and prosecuting creditors’ claims in bankruptcy.

Mr. Sebastian counsels and advises clients on contract preparation, administration and termination, mechanics liens, and surety claims and defenses, as well as contractor, subcontractor and owner bankruptcies. He has extensive experience in claim preparation, prosecution and dispute resolution on federal, state, municipal and private contracts. Mr. Sebastian has significant litigation experience before both federal and state courts as well as the American Arbitration Association on a wide variety of suretyship, construction law, commercial litigation and bankruptcy issues.

Mr. Sebastian’s background and experience in the construction industry is a unique asset he brings to his practice. His knowledge and understanding of his clients’ business needs and challenges in the construction arena enable him to handle complex matters efficiently from a business perspective. Mr. Sebastian joined Hinshaw & Culbertson LLP in January 2005. He is the Leader of the firm’s Fidelity & Surety Practice Group. Mr. Sebastian’s professional experience has been in the construction industry, as a claims counsel for a major fidelity and surety company, a development manager for a national real estate developer and a project engineer for several construction companies.

Mr. Sebastian is a member of the Society of Illinois Construction Attorneys (SOICA). He is also a member of the Defense Research Institute and the American Bar Association, where he is a 2010-2011 vice-chair of the Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section (TIPS).

He has been rated by Martindale-Hubbell for ethics and legal ability, and in 2012 was included on the Super Lawyers list in the area of Construction/Surety, by Illinois Super Lawyers magazine. A frequent speaker and author, Mr. Sebastian is a co-editor of the American Bar Association’s (ABA) book, “Law of Payment Bonds, Second Edition,” published in 2011. Mr. Sebastian is also the editor at large of the ABA Fidelity and Surety Law Committee newsletter and is a co-author of Chapter 10, Surety Bonds, in the book entitled “Construction Law in Illinois,” published by the Illinois Institute for Continuing Legal Education (1997 and 1999). In addition, Mr. Sebastian is a contributing author to the North Dakota section of “Payment Bond Manual, Third Edition,” published by the ABA in April 2006. He was an associate editor from 2004-2011 of the Construction Lawyer Quarterly publication of the Construction Forum Subcommittee of the ABA.

Mr. Sebastian has also lectured on numerous topics to national audiences, including the following:

• “The Construction Project from Womb to Tomb (Then Back to Life),” Illinois State Bar Association, Chicago, Illinois, April 2012.
• “Insurance Claims,” ABA Tort Trial & Insurance Practice Section, 2012 FSLC Midwinter Meeting, New York, New York, January 2012.
• “The Art of Effective Communication Between the Surety and Bond Claimants,” 2011 National Bond Claims Seminar, Pinehurst, North Carolina, October 2011.
• “A Primer on Statutory Exemptions that Protect a Debtor and What to Consider when an Indemnitor’s Assets are Held in Trust,” The Cincinnati Insurance Company, Cincinnati, Ohio, November 2010.
• “When Insurance Law Meets Commercial Law – Is an Equitable Subrogation Claim Subject to the Economic Loss Doctrine?” American Bar Association Insurance Coverage Litigation Section CLE seminar, Tucson, Arizona, March 2010.
• “Tips on Handling a Contractor Bankruptcy,” Travelers, Philadelphia, Pennsylvania, November 2009.
• “Penal Sum Increases by Change Orders, Cardinal Change Doctrine, Sureties and Native American Sovereigns, Remedies for Contractors when the Money Stops,” The Cincinnati Insurance Company, Cincinnati, Ohio, October 2009.
• “Tips in Handling a Contractor Bankruptcy,” RLI Insurance Company, Chicago, Illinois, August 2009.
• “Tips in Handling a Contractor Bankruptcy,” The Cincinnati Insurance Companies, Cincinnati, Ohio, June 2009.
• “Troubled Developments in a Troubled Economy,” American Public Works Association, Schaumburg, Illinois, May 2009.
• “The Notice and Suit Limitation Requirements of the Illinois Public Construction Bond Act, Mechanics Liens on Private Projects,” Structural Engineers Association of Illinois workshop, Chicago, Illinois, March 2009.
• “Mechanics Liens,” and “The Illinois Bond Act,” Lorman Education Services seminar “Construction Lien Law in Illinois,” Orland Park, Illinois, September 2008.
• “Recent Developments With Respect to the AIA A312-1984 Payment Bond,” Cincinnati Insurance Company annual meeting, Cincinnati, Ohio, August 2008.
• “Litigating the Manifest Intent Issue at Summary Judgment,” American Bar Association Fidelity & Surety Committee Mid-Winter meeting, New York, New York, January 2008.
• “Onerous Bond Forms and Tips in Dealing with Them,” Surety Association of Illinois Quarterly Meeting, Lombard, Illinois, September 2007.
• “Onerous Bond Forms and Tips for Dealing with Them,” Cincinnati Insurance Company Annual Meeting, Cincinnati, Ohio, August 2007.
• “Understanding Surety Bonds and Indemnity Obligations,” paper and presentation, Risk Insurance Management Society Annual Meeting, New Orleans, Louisiana, May 2007.
• “Overview of the Illinois Mechanics Lien and Bond Acts," Fox Valley Associated General Contractors of America, Geneva, Illinois, February 2007.
• “Enforcement of the Collateral Security Provisions in the General Indemnity Agreement: Tactics and Procedures," American Bar Association Annual Midwinter Meeting of the Construction Forum/Fidelity and Surety Subcommittee, San Francisco, California, January 2007.
• “Escaping a No Damages for Delay Clause to Pursue a Principal’s Affirmative Claim,” National Bond Claims Association Annual Meeting, Pinehurst, North Carolina, September 2006.
• "How to Conduct an Adversary Proceeding to Pursue a Contractor's Affirmative Claim," American Bar Association Annual Midwinter Meeting of the Construction Forum/Surety and Fidelity Subcommittee, January 2003.
• "The Illinois Payment Bond and Mechanics Lien Act," Chicago Surety Claims Association meeting, 2002.
• "A Primer on Assessing a Principal's Affirmative Claim," Chicago Surety Claims Association meeting, 2000.