Section Newsletters

Articles on Construction Law

Guidelines for buyer’s review of new construction contracts By David Vlcek Real Estate Law, June 2008 While no two new construction contracts are the same, there are enough similarities in new construction contracts commonly used in Illinois to make it possible to provide a set of concrete notes and suggestions to lawyers representing buyers.
The Illinois Employee Classification Act: A primer By Christopher P. Keleher Corporate Law Departments, December 2007 Construction contractors doing business in Illinois will face a new regulation that effectively deems all construction workers as their employees.
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.
Lien cuisine and other construction delights By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, July 2007 A lot has happened in the past three years in the area of construction law and mechanics liens. The Mechanics Lien Act has been amended.
Lien cuisine and other construction delights By Samuel H. Levine Real Estate Law, April 2007 A lot has happened in the past three years in the area of construction law and mechanics liens.
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.
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.
Practice Alert: Home repair and remodeling contractors beware! By H. Allen Yow General Practice, Solo, and Small Firm, March 2006 Attorneys representing clients engaged in the home repair and remodeling business need to be aware of the recent decision from the Third District Appellate Court of Illinois, Central Illinois Electrical Services, LLC v. Slepian, and the provisions of the Home Repair and Remodeling Act.
Willis v. Kiferbaum Construction: A Kotecki waiver by a subcontractor does not climb the chain to benefit a contractor higher up unless expressly provided for by contract By Richard L. Turner Civil Practice and Procedure, December 2005 It is now clear under the recent decision in Willis v. Kiferbaum Construction Corp., that such a Kotecki waiver only occurs where it is expressly contracted for between the employer/subcontractor and the party further up the contractual chain seeking to assert that waiver.
Fourth Amendment issues and regulatory inspections in the construction industry By Lindsay Price Local Government Law, October 2005 In the early 1970s, the Supreme Court announced the “closely regulated business” exception to the search warrant requirement, permitting warrantless administrative searches of certain commercial properties.
Construction necessitated zoning variations By Jack H. Tibbetts Real Estate Law, November 2004 An unusual situation occurred in Oak Park recently.
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.
Insurance issues in Illinois construction litigation By Marlene A. Kurilla Insurance Law, December 2003 It is very common for an additional insured to tender a claim made against it to all of its potential insurers.
Lien cuisine- A cornucopia of recent mechanics lien and construction law cases By Samuel H. Levine Real Estate Law, October 2003 The current Mechanics Lien Act was adopted in 1903. This year we are celebrating its 100th anniversary. Despite the mechanics lien law's age, it is still evolving.
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).
Recent cases on indemnity and insurance provisions in construction contracts By Gregory A. Thorpe Real Estate Law, August 2000 Most general contracts and subcontracts for construction require the contractor to provide indemnities or insurance, or both.
Lien cuisine: mechanics lien and construction law update By Samuel H. Levine & David S. Horwitch Real Estate Law, November 1999 The following is a synopsis of recent case and statutory law relating to mechanics liens and Construction law.

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