So you want to go into the insurance business? Really????By Geoff BryceConstruction Law, October 2013A look at what happens if no insurance is provided, or if the insurance provided does not match what is required by the construction contract.
To bond or not to bond: Why is there a Question?By Paul PetersonConstruction Law, October 2013House Bill 2804, which will be reintroduced in the fall, will allow Illinois to join 48 other states that allow interested parties to post a statutory bond to substitute for real estate as security for paying a mechanics lien claim.
Cypress Creek decision legislatively reversedBy Paul PetersonCommercial Banking, Collections, and Bankruptcy, July 2013When all is said and done, it is likely that after PA 97-1165 (signed February 11th of this year), construction lenders will be more cautious in their construction lending and will charge an increased interest rate to cover the increased risk of additional mechanics lien losses in Illinois.
Cypress Creek decision legislatively reversedBy Paul PetersonConstruction Law, May 2013The practical effect of PA 97-1165 is that lien claimants will be paid their contract amount on most completed jobs whether or not they have priority over the construction lender.
Protecting contractor rights in bankruptcyBy Samuel H. LevineConstruction Law, May 2013A discussion of the bankruptcy issues most often encountered in the construction setting.
Subcontractor rights under the Miller Act: A case studyBy Joshua AtlasConstruction Law, May 2013In Capital Computer Group, LLC v. The Gray Insurance Company, the Eleventh Circuit Court of Appeals determined that a subcontractor who sub-subcontracted 100% of its scope of work was entitled to assert a claim under the Miller Act because the subcontractor still had obligations on the project, and a substantial and important relationship still existed with the general contractor, even if the subcontractor did not actually perform any work.
Just because it says so, doesn’t make it soConstruction Law, March 2013The lesson from Westfield Insurance Co. v. FCL Builders, Inc. is that general contractors need to be more proactive in securing coverage than just obtaining a certificate of insurance.
Contractor may delegate safety duty to subcontractorBy Ghazal SharifiConstruction Law, December 2012The recent case of Oshana v. FCL Builders, Inc. held that a contractor may now delegate the safety obligations contained in its contract to a subcontractor and thus avoid liability for any injuries to a subcontractor employee.
ACORD insurance certificate changedBy Bruce H. SchoumacherConstruction Law, May 2012When drafting construction contracts, attorneys and their clients must be aware of the limitations of revised ACORD 25. They will have to develop contract provisions which recognize those limitations.
On the psychology of incompetence in the construction processBy Stanley P. SklarConstruction Law, December 2011The author opines that the art of construction is similar to the art of war, but with one very major exception—that the construction process cannot become so adversarial that it rivals war in its destructiveness.
Up Cypress Creek: Mechanics liens get an inferiority complexBy Eric SingerConstruction Law, December 2011While the Cypress Creek case has been decried as the death of the Mechanics Lien Act, it merely clarified what lenders have always been able to accomplish.
Construction project delivery methods: Which is best for you?By Mark C. FriedlanderConstruction Law, May 2011A look at the most common types of construction project delivery methods, including the newest methods that have received significant acclaim.
Changes and continued uncertainty for construction industry with CCDD lawBy Alison K. HaydenEnvironmental and Natural Resources Law, February 2011Public Act 96-1416 amends the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., to regulate facilities which accept soil and Clean Construction Demolition Debris for disposal.
Construction law: What’s new in 2010By Bruce H. Schoumacher, Alicia Garcia, & Emily WidmerReal Estate Law, September 2010Recent construction law cases.
Special Committee on Construction Law: Year in reviewBy Samuel H. LevineReal Estate Law, September 2010An introduction to this issue from the Chair of the ISBA's Special Committee on Construction Law, Samuel Levine.
Extra work is extra workBy Raymond A. FylstraCorporate Law Departments, September 2009Many formal construction contracts explicitly state that extra or additional work must be authorized by a written change order signed by the owner. Although there are some exceptions, such clauses normally will be enforced if they are clear.
LEED in real estateBy Margery NewmanReal Estate Law, September 2009Leadership 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.
Phase I Environmental Site Assessments: The familiar strangerBy Phillip R. Van NessReal Estate Law, February 2009An attorney charged with guiding his or her Illinois client through a Phase I doesn’t have to understand the science behind it (although that surely won’t hurt). But he or she does have to know whether the Phase I at least prima facie appears to comport with the essential elements of a valid Phase I. At this point, it may be advisable to secure the services of an environmental lawyer, but even a non-technically trained lawyer can put together a checklist that greatly increases the odds that the client will have a Phase I it can rely on.
New construction dilemma / Ethical issue scenarioBy Robert Duffin & Myles JacobsReal Estate Law, December 2008An owner of a large lot located in a recorded subdivision desires to subdivide the lot into two lots and construct a residence on each lot.
