Building Knowledge

The newsletter of the ISBA’s Section on Construction Law

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2015 Articles

The 10-year statute of limitations for breach of contract claims applies to express indemnity claims even if the express indemnity claim alleges construction defects and is based on a construction contract; Cause of action accrual provisions are enforceab By Clifford J. Shapiro April 2015 The recent case of 15th Place Condominium Association v. South Campus Development Team LLC, contains two important holdings for construction lawyers.
The 2014 construction year in review By Samuel H. Levine April 2015 A digest of statutory and case law of interest to construction attorneys.
Contractor barred from re-recording mechanics lien By Jason Callicoat February 2015 In Oxford 127 Huron Hotel Venture, LLC v. CMC Organization, LLC, the First District Appellate Court held that a general contractor who recorded mechanics lien releases had forever given up its claims for any mechanics liens claims on the project.
Council chair report By Bruce H. Schoumacher July 2015 A farewell note from Ex-Officio Bruce Schoumacher. 
Court upholds limitation of liability clause By Doug Giese February 2015 The 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.
Editor’s note By Eric L. Singer September 2015 An introduction to the issue from Editor Eric Singer.
Editor’s note By Samuel H. Levine July 2015 An introduction to the issue from Editor Samuel Levine.
Editor’s note By Eric L. Singer April 2015 An introduction to the issue from newsletter co-editor Eric Singer.
Editor’s note By Samuel H. Levine February 2015 An introduction to the issue from Editor Samuel Levine.
Henderson Square Condominium Association v. LAB Townhomes, LLC raises statute of limitations issues By Clifford J. Shapiro February 2015 A new Illinois ruling enforces cause of action accrual provisions and holds that express indemnity claims in a construction contract are subject to a 10-year statute of limitations.
North Shore Bank and the ever-changing work completion dates By Paul Peterson February 2015 In 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.
1 comment (Most recent February 28, 2015)
Pay If/When Paid clauses in Illinois By Jim Dash July 2015 As 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.
The resulting loss exception to the Defective Workmanship Exclusion: Are you covered? By Adam B. Whiteman September 2015 The 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.
The Third District ignores the Mechanics Lien Act, ignores precedent and injures the construction industry By Howard M. Turner July 2015 The author writes that the recent case of Christopher B. Burke Engineering, Ltd. v. Heritage Bank of Central Illinois is an aberration which can and probably will cause substantial damage to the construction industry unless it is either reversed by the Illinois Supreme Court or its holding repealed by the Legislature.
1 comment (Most recent July 19, 2015)
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch September 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
The year ahead By Margery Newman July 2015 A message from new Chair Margery Newman.
Young v. CES, Inc. By Paul B. Porvaznik February 2015 In 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.