Theories of contractor liability for jobsite inuriesBy Jason G. Schutte & Eric WaldmanConstruction Law, February 2016This article outlines the theories of contractor liability for jobsite injuries under Restatement (Second) of Torts §414 and § 343, as well as the various exceptions to these theories and rules under Illinois law.
Is it really new?By Bruce H. SchoumacherConstruction Law, January 2016A recent federal government contract case considered whether equipment delivered to the site was new. You may be surprised at the result.
What are you worth—The new U.S. DOT DBE regulationsBy Margery NewmanConstruction Law, January 2016One 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 resulting loss exception to the Defective Workmanship Exclusion: Are you covered?By Adam B. WhitemanConstruction Law, September 2015The First District recently issued an opinion that may help insureds determine whether they will be able to get insurance coverage for damage resulting from a cause which itself is excluded from coverage.
Pay If/When Paid clauses in IllinoisBy Jim DashConstruction Law, July 2015As a matter of pure contract, “Pay When Paid” or “Pay if Paid” clauses generally are enforceable in Illinois so long as the contract makes payment to the upstream party an unambiguous condition precedent to payment downstream. And if (sub)contractor does not have, or believes that it does not have, the leverage to negotiate the terms of its contract, it often will accept the contract, “Pay When/If Paid” clause and all, just in order to get the work.
North Shore Bank and the ever-changing work completion datesBy Paul PetersonReal Estate Law, June 2015In this case the First District Appellate Court was confronted with two mechanics lien claims where neither claimant could prove they did work on the work completion date sworn to in their respective mechanics lien claims and reaffirmed under oath in various court filings.
North Shore Bank and the ever-changing work completion datesBy Paul PetersonCommercial Banking, Collections, and Bankruptcy, June 2015In this case the First District Appellate Court was confronted with two mechanics lien claims where neither claimant could prove they did work on the work completion date sworn to in their respective mechanics lien claims and reaffirmed under oath in various court filings.
The 2014 construction year in reviewBy Samuel H. LevineConstruction Law, April 2015A digest of statutory and case law of interest to construction attorneys.
Court upholds limitation of liability clauseBy Doug GieseConstruction Law, February 2015The recent case of Boshyan v. Private I. Home Inspections, Inc., outlines the tension that exists between “public policy” considerations and written contract terms which seek to impose liquidated damages and limit liability for a breach.
North Shore Bank and the ever-changing work completion datesBy Paul PetersonConstruction Law, February 2015In this case the First District Appellate Court was confronted with two mechanics lien claims where neither claimant could prove they did work on the work completion date sworn to in their respective mechanics lien claims and reaffirmed under oath in various court filings.
Young v. CES, Inc.By Paul B. PorvaznikConstruction Law, February 2015In October 2014, the Second District expanded on the Illinois Mechanics’ Lien Act’s substantive and timing requirements and also examined Illinois agency law and discussed what services are and aren’t lienable in Young v. CES.
The “construction exemption” for contractor unfunded pension withdrawal liabilityBy Stanley N. WasserConstruction Law, October 2014A look at some of the basic concepts that must be understood for advising construction contractor clients whether the “construction exemption” will protect their client from unfunded pension withdrawal liability.
The year in legislationBy Samuel H. LevineConstruction Law, October 2014Recent legislation of interest to construction law practitioners.
CASE NOTE: Fonseca v. Clark Construction Group – Summary judgment for general contractorBy John L. Nisivaco & Kendra PiercyTort Law, July 2014The First District Appellate Court recently determined that a general contractor must retain control over incidental aspects of a subcontractor’s work, not just general supervisory control, to be held liable for the subcontractor’s torts.
The year in legislationBy Samuel H. LevineReal Estate Law, July 2014Legislation proposed and sponsored by the Construction Law Section.
Court refuses to enforce liquidated damages clauseBy Joshua T. BarneyConstruction Law, June 2014Recently, in GK Development v. Iowa Malls Financing Corp., the Illinois appellate court struck down a liquidated damages clause as a penalty.
Section 34 of the Illinois Mechanics Lien ActBy Howard M. TurnerConstruction Law, June 2014The Mechanics Lien Act is strictly construed. It can be a trap for the unwary. Extra care should be taken in serving Section 34 notices and in responding to them.
The year in legislationBy Samuel H. LevineConstruction Law, June 2014Legislation proposed and sponsored by the Construction Law Section.
Forest Preserve District of Cook County v. Urban Builders, IncBy Sarah FlohrConstruction Law, January 2014In this case the court rejected defendant’s claim for rescission because it waited too long to assert the claim and could have discovered the errors before submitting its bid.
J.S. Riemer v. Village of Orland HillsBy Sarah FlohrConstruction Law, January 2014In this case the Village of Orland Hills brought a third-party action against the architect for fraud and breach of contract.
7th Circuit tackles pay-if-paid clause in construction contractBy Paul B. PorvaznikReal Estate Law, December 2013Pay-if-paid and pay-when-paid contract terms raise multiple questions. Such as: while they are often used interchangeably in the caselaw and in construction parlance, is the pay-if-paid vs. pay-if-paid distinction anything more than semantic hair-splitting? And are they even enforceable?
