Section Newsletters

Articles From Steven D. Mroczkowski

Second District Confirms That Receiver Certificates May Prime Prior Liens By James M. Dash & Steven D. Mroczkowski Construction Law, December 2020 The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
Second District Confirms That Receiver Certificates May Prime Prior Liens By James M. Dash & Steven D. Mroczkowski Commercial Banking, Collections, and Bankruptcy, October 2020 The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
No good deed: Court holds that financial contributions to construction project does not confer standing By Steven D. Mroczkowski Construction Law, July 2019 A summary of Goldfarb v. Bautista Concrete, Inc.
Sienna Court: Minton overruled and no implied warranty of habitability against subcontractors without contractual relationship By Steven D. Mroczkowski Real Estate Law, July 2019 In December 2018, the Supreme Court of Illinois decided the purchaser of a newly-constructed home may not assert a claim for breach of an implied warranty of habitability against a subcontractor that participated in the construction but with which the purchaser had no contractual relationship.
Sienna Court: Minton overruled and no implied warranty of habitability against subcontractors without contractual relationship By Steven D. Mroczkowski Construction Law, April 2019 In December 2018, the Supreme Court of Illinois decided the purchaser of a newly-constructed hom may not assert a claim for breach of an implied warranty of habitability against a subcontractor that participated in the construction but with which the purchaser had no contractual relationship.
Extra-contractual remedies in Illinois By James M. Dash & Steven D. Mroczkowski Construction Law, February 2018 Even where no express contract exists, implied contracts can be created as a result of parties’ actions.
Removable trade fixtures, large and small, are generally not lienable: Illinois court holds no mechanics lien rights in 500-foot-tall Wind Energy System By Steven D. Mroczkowski Construction Law, August 2017 In general, removable trade fixtures are considered personal property not subject to claims under the Illinois Mechanics Lien Act. As made clear by the recent case of AUI Construction Group, LLC v. Vaessen, this is true regardless of the size of the trade fixture.
Previous waiver of the implied warranty of habitability bars claim by subsequent purchaser By Steven D. Mroczkowski Construction Law, September 2016 Fattah v. Bim is a well-reasoned, logical clarification of the body of law governing the implied warranty of habitability.

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