Publications

Section Newsletter Articles on Construction Law

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 enforceable under Illinois law By Clifford J. Shapiro Construction Law, 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 Construction Law, April 2015 A digest of statutory and case law of interest to construction attorneys.
Court upholds limitation of liability clause By Doug Giese Construction Law, 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.
Henderson Square Condominium Association v. LAB Townhomes, LLC raises statute of limitations issues By Clifford J. Shapiro Construction Law, 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 Construction Law, 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.
Young v. CES, Inc. By Paul B. Porvaznik Construction Law, 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.
Lien Cuisine (Or not so lien cuisine): Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, December 2014 Recent cases of interest.
Lien Cuisine: Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine Real Estate Law, December 2014 Recent cases of interest to real property practitioners.
Save the Date—Commercial Loans: Documenting for Success and Preparing for Failure Real Estate Law, December 2014 This program will take place this Thursday (11/20). Sign up by 4 p.m. TODAY for the live program in Chicago, or register for the online course anytime before it begins. 
The “construction exemption” for contractor unfunded pension withdrawal liability By Stanley N. Wasser Construction Law, October 2014 A 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 legislation By Samuel H. Levine Construction Law, October 2014 Recent legislation of interest to construction law practitioners.
Contractor’s material breach of construction contract dooms mechanics’ lien and breach of contract claims By Paul B. Porvaznik Construction Law, September 2014 In Kasinecz v. Duffy, a contractor suffered a three-pronged defeat in his lawsuit against a homeowner.
Court stretches to find fabricator owed coverage as an additional insured By Bruce H. Schoumacher Construction Law, September 2014 A summary of Illinois Emcasco Insurance Co. v. Waukegan Steel Sales, Inc.
Substantial performance doctrine: Contractor defeats finicky homeowners in construction case By Paul B. Porvaznik Construction Law, September 2014 The case of Wolfe Construction should and will likely give property owners pause before they declare a default and fail to pay a contractor.
CASE NOTE: Fonseca v. Clark Construction Group – Summary judgment for general contractor By John L. Nisivaco and Kendra Piercy Tort Law, July 2014 The 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 legislation By Samuel H. Levine Real Estate Law, July 2014 Legislation proposed and sponsored by the Construction Law Section.
Court refuses to enforce liquidated damages clause By Joshua T. Barney Construction Law, June 2014 Recently, 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 Act By Howard M. Turner Construction Law, June 2014 The 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 legislation By Samuel H. Levine Construction Law, June 2014 Legislation proposed and sponsored by the Construction Law Section.
Forest Preserve District of Cook County v. Urban Builders, Inc By Sarah Flohr Construction Law, January 2014 In 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 Hills By Sarah Flohr Construction Law, January 2014 In 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 contract By Paul B. Porvaznik Real Estate Law, December 2013 Pay-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?
Illinois court enforces exculpatory and damage limitations provisions in construction contract By Paul B. Porvaznik Real Estate Law, November 2013 Plaintiff and defendant each had the power to define the limits of their respective obligations and this power extended to the parties’ allocation of the risk of loss.
In Weather-Tite’s wake—Fourth District limits owner’s exposure to subcontractor claims stemming from faulty contractor affidavits By Nathan B. Hinch Construction Law, October 2013 Four years later, the effects ofWeather-Tite are still being sorted out, and the recent decision of the Illinois Appellate Court, Fourth District, in Gerdau Ameristeel US, Inc. v. Broeren Russo Construction, Inc. is one of those cases.
So you want to go into the insurance business? Really???? By Geoff Bryce Construction Law, October 2013 A 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 Peterson Construction Law, October 2013 House 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 reversed By Paul Peterson Commercial Banking, Collections, and Bankruptcy, July 2013 When 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.
Implied warranty of habitability waiver to developer not enforceable against contractor By Justin L. Weisberg Construction Law, June 2013 The First District Appellate Court released an opinion on June 21, 2012 which has a significant impact on many residential construction defect claims alleging a breach of the implied warranty of habitability.
Cypress Creek decision legislatively reversed By Paul Peterson Construction Law, May 2013 The 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 bankruptcy By Samuel H. Levine Construction Law, May 2013 A discussion of the bankruptcy issues most often encountered in the construction setting.