Affirmative Action and the Vagaries of the Fourteenth AmendmentBy Margery NewmanConstruction Law, February 2025Forty-four years ago, the United States Supreme Court determined that Congress could “set aside” 10 percent of all federal funds earmarked for local public works for use by minority business enterprises (“MBE”). Today, the Supreme Court considers the employment of race as an anathema to the Fourteenth Amendment.
Editor’s NoteBy Samuel H. LevineConstruction Law, February 2025An introduction to the issue from the editor.
The Trilogy of Builder’s Risk Cases—Clarity or Confusion?By Geoffrey BryceConstruction Law, February 2025A recent Illinois Supreme Court case completes the trilogy of recent builder’s risk decisions. The builder’s risk policy is intended to shift the risk of loss to the insurer to facilitate the completion of the construction project and avoid litigation. The builder’s risk claim, if paid, almost always presents the issue of just how far does the waiver of subrogation by the parties covered by the builder’s risk policy extend. The recent caselaw delves into this issue.
Bid Mistakes, Bid Withdrawals, and What to Do NextBy Mark B. GryzmalaConstruction Law, January 2025The complexities of bid mistakes and withdrawals can often lead to significant legal and financial consequences. Whether you are a seasoned contractor or a novice in the industry, understanding these challenges is crucial.
From the EditorBy Samuel H. LevineConstruction Law, January 2025An introduction to the issue from the editor.
Overcoming the Fear of ArbitrationBy Hon. Lisa R. Curcio, (ret.)Construction Law, January 2025Parties avoid arbitration because of several common fears. Besides the limited right to appeal, parties fear an arbitrator who will “split the baby” or treat the arbitration like litigation, increasing the cost of resolving the dispute, or an arbitrator who does not know the law or ignores the law. Yet there are concrete ways that parties can take advantage of the benefits of arbitration while overcoming these fears.
“That Can’t Be Right”: Illinois Contractors Must Be Aware of Sureties’ Rights Upon Default Under Payment and Performance BondsBy Frank M. SwansonConstruction Law, January 2025Upon receiving notice of a potential declaration of default under a Payment and Performance Bond, we often receive questions from clients about what measure of control they can properly assert over a surety’s selection of a substitute contractor. The answer to some is surprising: almost none. Yet, the risk of the surety selecting an improper surety, or risking contractual relationships, can be minimized at the contracting stage through simple, clear modifications of the standard A312 Payment and Performance Bond and standard contractual provisions.
Illinois Passes “Wage Protection” Law Targeting General ContractorsBy Daniel G. RosenbergConstruction Law, October 2024On June 10, Governor J.B. Pritzker signed into law an amendment to the Illinois Wage Payment and Collection Act making general contractors (or trade contractors that themselves have subcontractors) liable for the wages of their subcontractors' employees.
Burrink Commercial Services v. New Life Covenant ChurchBy Samuel H. LevineConstruction Law, May 2024In Burrink Commercial Services v. New Life Covenant Church, the appellate court dismissed a complaint to foreclose a mechanics lien as factually insufficient because the complaint improperly characterized two contracts as one.
The First-to-Breach Doctrine and Its ExceptionBy Howard W. FeldmanConstruction Law, April 2024In June 2023, the Illinois Supreme Court rendered a decision in PML Development, LLC v. The Village of Hawthorne Woods, which clarified the law when there are cross contractual defaults and continued performance.
Partial Lien Waiver DilemmaBy Mark B. GrzymalaConstruction Law, April 2024An overview of the issues that can arise when a contractor or subcontractor provides a partial lien waiver.
Venue and Applicable Law in Construction Disputes in IllinoisBy James M. DashConstruction Law, April 2024Unless told otherwise, a contractor who works on a project probably expects that, if a dispute arises out of its compliance with the contract or payment thereunder, the dispute will be heard locally and will be governed by local law.
Navigating the Termination for ConvenienceBy Stanley N. WasserConstruction Law, December 2023Termination for convenience clauses allow an owner to terminate the construction contract for any reason and without fault by the contractor.
Illinois Appellate Court Rules Pre-Judgment Interest Statute ConstitutionalBy Jeff KehlConstruction Law, August 2023In June 2023, the appellate court reversed a trial court decision, ruling that the 2021 statutory amendment allowing for pre-judgment interest to be applied in personal injury lawsuits was constitutional.
You Get What You DeserveBy Adam WhitemanConstruction Law, May 2023A summary and analysis of Restore Construction Co., Inc. v. The Board of Education of Proviso Township High Schools.
