Section Newsletters

Articles From Margery Newman

Construction Whack-a-Mole: Termination for Cause, Termination for Convenience, and Actions for Breach of Contract By Ehren Fournier & Margery Newman Construction Law, December 2022 Essential lessons for any party who wants to take advantage of a conversion clause to minimize potential damages in a contract dispute.
Pass through and liquidating agreements for the construction industry By Margery Newman Construction Law, January 2019 The practical effect of a pass-through claim is the prevention of inefficiencies that result from the privity doctrine: Without a mechanism by which to avoid this doctrine, the subcontractor would have to sue the prime contractor, who in turn would have to sue the owner.
False claims and whistleblowers By Margery Newman Construction Law, December 2017 Recently, a cottage industry has arisen in the construction industry revolving around allegations that certain Disadvantaged Business Enterprises are fronts or are not performing commercially useful functions.
What are you worth—The new U.S. DOT DBE regulations By Margery Newman Construction Law, January 2016 One of the most hotly contested revisions of the U.S. DOT's Disadvantaged Business Enterprise program relates to the personal net worth form and related requirements to qualify.
The year ahead By Margery Newman Construction Law, July 2015 A message from new Chair Margery Newman.
Veteran hiring By Margery Newman Construction Law, March 2014 On March 24, 2014 new rules from the Office of Federal Contract Compliance Programs regarding Veteran went into effect. The author discusses the major provisions of the final rule here.
LEED in real estate By Margery Newman Real Estate Law, September 2009 Leadership in Energy and Environmental Design (“LEED”), also known as green building, is taking hold across the country. According to the National Association of Home Builders “between 40 percent and 50 percent of the homes built in 2010 are expected to be green.” Here's what you need to know.
E-alert—Rental equipment liens By Margery Newman Real Estate Law, December 2007 On August 17, 2007, Governor Rod Blagojevich signed into law an amendment to the Illinois Mechanics Lien Act, Section 1.2 permitting liens for equipment rental.
Liability for construction claims By Margery Newman Real Estate Law, September 2007 The construction industry is rife with situations in which one party may become liable to or for another party in the construction process.
Joint Venture Agreements: doing construction projects together By Margery Newman Real Estate Law, January 2007 A joint business venture, such a joint venture, is an organization where both members form a new entity, owned by both of them.
Partnering Agreements: how to get along with your adversaries By Margery Newman Real Estate Law, January 2007 Unlike Teaming Agreements and Joint Venture Agreements, a Partnering Agreement is not just a method of how people work together in the construction industry.
Teaming Agreements: an agreement to agree By Margery Newman Real Estate Law, January 2007 Teaming agreements are generally single purpose, temporary business arrangements in which two (2) or more separate companies join together for the specific purpose of obtaining and performing a construction contract.
Alternative dispute resolution By Margery Newman Real Estate Law, March 2006 Alternative dispute resolution, also referred to as “ADR,” is a way to settle disputes outside of the courthouse. ADR encompasses several types of processes, including arbitration,mediation, conciliation, mini-trial and other types of non-litigation dispute resolution.
Application of the Construction Statute of Limitations By Margery Newman Real Estate Law, March 2006 In Prate Installations, Inc., v. Thomas, the Illinois Second District Court of Appeals held that the four-year limitations period contained in the Construction Statute of Limitations, 735 ILCS 5/13-214(a), cannot be used by a homeowner as an affirmative defense to an action by a contractor for non-payment under a construction contract.
Mold risks in construction projects By Margery Newman Real Estate Law, March 2006 The presence of water where it should not be is a significant construction defect issue that has generated an enormous amount of litigation within the last few years.
Mold risks in construction projects By Margery Newman & Randolph E. Ruff Real Estate Law, September 2004 The presence of water where it should not be is a significant construction defect issue that has generated an enormous amount of litigation within the last few years.
Issues relating to toxic mold By Margery Newman Real Estate Law, August 2003 Frequently, in the construction industry, a "hot issue" overtakes the industry. The latest "hot issue" is mold-related lawsuits relating to residential and office buildings.
From the construction corner By Margery Newman Real Estate Law, February 2003 The recent case of Luise, Inc. v. Village of Skokie, 335 IllApp3d 672, 781 NE2d 353 (1st Dist. 2003) (Luise) has further defined what constitutes lienable work under section 23 of the Illinois Mechanics Lien Act (the Act).

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