Publications

Section Newsletter Articles on Construction Law

Construction project delivery methods: Which is best for you? By Mark C. Friedlander Construction Law, May 2011 A look at the most common types of construction project delivery methods, including the newest methods that have received significant acclaim.
Changes and continued uncertainty for construction industry with CCDD law By Alison K. Hayden Environmental Law, February 2011 Public Act 96-1416 amends the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., to regulate facilities which accept soil and Clean Construction Demolition Debris for disposal.
Basic construction insurance coverage By Bruce H. Schoumacher Real Estate Law, September 2010 A guide to drafting construction insurance provisions.
Construction law: What’s new in 2010 By Bruce H. Schoumacher, Alicia Garcia, and Emily Widmer Real Estate Law, September 2010 Recent construction law cases.
Special Committee on Construction Law: Year in review By Samuel H. Levine Real Estate Law, September 2010 An introduction to this issue from the Chair of the ISBA's Special Committee on Construction Law, Samuel Levine.
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.
LEED in real estate By Margery Newman Real Estate Law, September 2009 Leadership in Energy and Environmental Design (“LEED”), also known as green building, is taking hold across the country. According to the National Association of Home Builders “between 40 percent and 50 percent of the homes built in 2010 are expected to be green.” Here's what you need to know.
Phase I Environmental Site Assessments: The familiar stranger By Phillip R. Van Ness Real Estate Law, February 2009 An attorney charged with guiding his or her Illinois client through a Phase I doesn’t have to understand the science behind it (although that surely won’t hurt). But he or she does have to know whether the Phase I at least prima facie appears to comport with the essential elements of a valid Phase I. At this point, it may be advisable to secure the services of an environmental lawyer, but even a non-technically trained lawyer can put together a checklist that greatly increases the odds that the client will have a Phase I it can rely on.  
New construction dilemma / Ethical issue scenario By Robert Duffin and Myles Jacobs Real Estate Law, December 2008 An owner of a large lot located in a recorded subdivision desires to subdivide the lot into two lots and construct a residence on each lot.
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 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.
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.
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.