Section Newsletters

Articles From Raymond A. Fylstra

Living with the New AAA Construction Industry Arbitration Rules By Raymond A. Fylstra Construction Law, June 2017 While widely and justifiably hailed for modernizing arbitration procedures, the new Rules still leave large gaps and create difficult dilemmas for parties who have already agreed to arbitrate.
Extra work is extra work By Raymond A. Fylstra Government Lawyers, December 2009 On August 17, 2009, Governor Pat Quinn signed one of the most sweeping revisions of the Illinois Freedom of Information Act (5 ILCS 140/1) (the “Act”) since it was adopted in 1983.
Extra work is extra work By Raymond A. Fylstra Corporate Law Departments, September 2009 Many 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.
Summary of recent Illinois and 7th Circuit decisions By Raymond A. Fylstra Corporate Law Departments, July 2008 Trial court erred when it granted summary judgment to the owner which paid funds to the general contractor in response to a payment application which listed a balance due to the electrical subcontractor.
Additional Illinois case update By Raymond A. Fylstra Corporate Law Departments, March 2008 On February 7, 2008 the Illinois Supreme Court issued a notable free speech/defamation opinion,Imperial Design v. Cosmo’s Designer Direct.
New tort theory approved by Illinois Supreme Court By Raymond A. Fylstra Corporate Law Departments, June 2007 In Forsyth v. Clark USA, the Illinois Supreme Court held that “direct participation liability” against corporate shareholders is a valid theory of recovery.
Summary of additional cases By Raymond A. Fylstra Corporate Law Departments, January 2007 Recent cases of interest to corporate lawyers.
Appellate Court rules insurance exclusions ambiguous By Raymond A. Fylstra Corporate Law Departments, September 2006 In Pekin Insurance Company v. Miller, No. 1-05-4086 (1st Dist. Aug. 8, 2006), a case of first impression in Illinois, the First District Appellate Court has held that exclusions j(5) and j(6) in the standard Comprehensive General Liability (CGL) insurance policy are ambiguous.

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