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Articles on Construction Law

The First-to-Breach Doctrine and Its Exception By Howard W. Feldman Construction Law, April 2024 In June 2023, the Illinois Supreme Court rendered a decision in PML Development, LLC v. The Village of Hawthorne Woods, which clarified the law when there are cross contractual defaults and continued performance.
Partial Lien Waiver Dilemma By Mark B. Grzymala Construction Law, April 2024 An overview of the issues that can arise when a contractor or subcontractor provides a partial lien waiver.
Venue and Applicable Law in Construction Disputes in Illinois By James M. Dash Construction Law, April 2024 Unless told otherwise, a contractor who works on a project probably expects that, if a dispute arises out of its compliance with the contract or payment thereunder, the dispute will be heard locally and will be governed by local law.
CGL Coverage for Liquidated Damages and the Contractual Liability Exclusion By Stuart Richeson Construction Law, December 2023 Courts are split on whether there is ever coverage under a CGL policy for contractually agreed upon liquidated delay damages.
Navigating the Termination for Convenience By Stanley N. Wasser Construction Law, December 2023 Termination for convenience clauses allow an owner to terminate the construction contract for any reason and without fault by the contractor. 
What’s Fair Is Fair: Getting Paid When There Is No Contract By Adam Whiteman Construction Law, December 2023 When a client seeks to recover for work performed, but has no underlying contract to show you, all is not necessarily lost.
Illinois Appellate Court Rules Pre-Judgment Interest Statute Constitutional By Jeff Kehl Construction Law, August 2023 In June 2023, the appellate court reversed a trial court decision, ruling that the 2021 statutory amendment allowing for pre-judgment interest to be applied in personal injury lawsuits was constitutional.
Illinois Home Repair and Remodeling Act—Requirements for Contractors on Residential Projects By Mark B. Grzymala & Joseph F. Kwiatkowski Construction Law, August 2023 An overview of the Illinois Home Repair and Remodeling Act.
Bank Failures and Construction Issues: What Every Construction Contractor Needs to Understand About FDIC Receivership By Craig Penrose Construction Law, May 2023 What every construction contractor needs to know about the authority of the Federal Deposit Insurance Corporation in the bank failure process and a look at the potential effects of the Silicon Valley Bank and Signature Bank failures on the construction process.
Bank Failures and Construction Issues: What Every Construction Contractor Needs to Understand About FDIC Receivership By Craig Penrose Real Estate Law, May 2023 What every construction contractor needs to know about the authority of the Federal Deposit Insurance Corporation in the bank failure process and a look at the potential effects of the Silicon Valley Bank and Signature Bank failures on the construction process.
You Get What You Deserve By Adam Whiteman Construction Law, May 2023 A summary and analysis of Restore Construction Co., Inc. v. The Board of Education of Proviso Township High Schools.
American Steel: First District Decision Allows Subcontractor to Issue Notice to Commence Suit as Court’s Views on Section 34 Continue to Be ‘In Demand’ By Jonathan Safron Construction Law, March 2023 For three consecutive years, the First District Appellate Court has weighed in on 770 ILCS 60/34.
Arbitration and Mediation in Construction Law Cases By Hon. Lisa R. Curcio, (ret.) Construction Law, March 2023 Construction law disputes are good candidates for alternate dispute resolution
Editor’s Note By Samuel H. Levine Construction Law, March 2023 An introduction to the issue from the editor.
Preserving Mechanic’s Lien Rights During a Construction Arbitration By Adam Whiteman Construction Law, March 2023 If you represent a contractor involved in an arbitration relating to payment issues, don’t forget to take the appropriate steps to perfect your lien.
Construction Whack-a-Mole: Termination for Cause, Termination for Convenience, and Actions for Breach of Contract By Ehren Fournier & Margery Newman Construction Law, December 2022 Essential lessons for any party who wants to take advantage of a conversion clause to minimize potential damages in a contract dispute.
How to Perfect and Enforce Your Lien and Bond Claim Against Illinois Public Construction Projects By Mark B. Grzymala Construction Law, December 2022 An overview of the steps that need to be taken in order to perfect and enforce a lien claim against Illinois public projects such as municipal buildings, public schools, city parks, or Illinois roads.
Documentation Issues With the Wage Payment and Collection Act By Paul Peterson Construction Law, August 2022 Public Act 102-1076, known as the Wage Payment and Collection Act, became effective June 10, 2022, making a contractor personally liable for unpaid lower tier wages and unpaid union dues.
Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors’ Workers By James Rohlfing Construction Law, August 2022 An overview of the Illinois Wage Payment and Collection Act as well as important exceptions within it.
Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors’ Workers By James Rohlfing Real Estate Law, August 2022 An overview of the Illinois Wage Payment and Collection Act as well as important exceptions within it.
Illinois Supreme Court Decides General Contractors Cannot Assert Exclusive Remedy Doctrine By Jeffrey Kehl Construction Law, August 2022 In Munoz v. Bulley & Andrews, LLC, the Illinois Supreme Court held that the exclusive remedy provision of the Workers’ Compensation Act, which bars any direct action of an employee against their employer for negligence, does not apply to a general contractor who provided workers’ compensation insurance and benefits for a subcontractor and its employees, including the plaintiff.
Consequences of Stopping Construction: Delays and Disruptions Resulting From Catastrophes By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, July 2022 A look at what happens when there are delays and disruptions to construction projects due to causes outside of the parties' control.
Consequences of Stopping Construction: Delays and Disruptions Resulting From Catastrophes By Samuel H. Levine Real Estate Law, May 2022 A look at what happens when there are delays and disruptions to construction projects due to causes outside of the parties' control.
Consequences of Stopping Construction: Delays and Disruptions Resulting From Catastrophes By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, May 2022 A look at what happens when there are delays and disruptions to construction projects due to causes outside of the parties' control.
Consequences of Stopping Construction: Delays and Disruptions Resulting From Catastrophes By Samuel H. Levine Construction Law, April 2022 A look at what happens when there are delays and disruptions to construction projects due to causes outside of the parties' control.
The Unknown and Unusual: Type II Differing Site Conditions By Stanley N. Wasser Construction Law, April 2022 It is not uncommon on construction projects to encounter unexpected site conditions that impact a project’s schedule and the cost of construction.
1400 Museum Park: Sienna Applied; No Implied Warranty of Habitability Against GCs Without Contractual Relationship By Jonathan S. Safron Construction Law, January 2022 A summary and analysis of Sienna Court Condominium Association v. Champion Aluminum Corp.
The Trinity of Illinois State Procurement By Bruce S. Bonczyk Construction Law, January 2022 The 90th General Assembly of the state of Illinois passed a sweeping revision of procurement in the state.
Copyright Trolls in the Construction Industry—But Is It Good Law and Bad Facts? By David C. Brezina Intellectual Property, September 2021 In Design Basics LLC v. Signature Construction Inc., Judge Sykes described a problem of copyright trolls. In the copyright context, this was said to be a cottage industry of registering  many architectural graphics and then suing for copyright infringement, hoping to collect, at a minimum, statutory damages, and potentially an infringer’s profits. But this label made no difference to the result in the case. Not all copyrighted works have the same enforcement potential. Some works may contain highly original content, while others might only have bare minimum originality— “thin” copyrights.
Beware the ‘One Year’ Warranty: Contractor Callback Periods v. Warranties of Quality Work By Jeremy S. Baker Construction Law, August 2021 The difference between contractors’ “callback periods” and “warranties of quality” work is among the least understood—yet most important—nuances in construction contracts.
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