Member Groups

May 2011 Construction Law Newsletter

May 2011, vol. 1, no. 1

New! 2010 Guide to Illinois Statutes for Attorneys' Fee - This handy edition lists provisions in the Illinois Compiled Statutes that authorize the court to order one party to pay the attorney fees of another. No matter what your practice area, this book will save you time – and could save you money! Buy it at


Now every article is the start of a discussion. If you're a member of the Construction Law Section, you can comment on any of the articles that appear below.

In This Issue…

Related Court Cases

Mechanic's Lien Act
Christopher B. Burke Engineering, Ltd v. Heritage Bank of Central Illinois

Mechanics Lien Act does not restrict the availability of liens for architects, engineers, land surveyors, or property managers to services performed only for the raising, lowering, or removal of a house, and can include services done for the purpose of improving property. Resolution of issue as to whether owner of property at time contract for services was entered into knowingly permitted developers to enter into contracts regarding the property involves genuine issues of material fact, and thus summary judgment is precluded. (FREEMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)

The Henderson Square Condominium Association v. LAB Townhomes, LLC
Plaintiff condominium association and its elected board of managers filed sued various development companies for construction project, alleging breach of implied warranty of habitability, fraud, negligence, breach of Chicago Municipal Code's prohibition against misrepresenting material facts in marketing and selling real estate, and breach of fiduciary duty. Allegations of complaint were sufficient to raise question of fact as to time when Plaintiffs knew or reasonably should have known that their injury was wrongfully caused. As to breach of fiduciary duty count, questions presented are questions of fact, and allegations are sufficient to state a cause of action. Complaint adequately alleged fiduciary duty in connection with fraudulent concealment doctrine, and question of fact remains as to whether Defendants' failure to speak about construction deficiencies or to adequately fund reserve fund, along with other alleged misrepresentations, was fraudulent concealment to invoke exceptions to statute of limitations and of repose.(GARMAN, KILBRIDE, and THEIS, concurring; BURKE, FREEMAN, and KARMEIER, dissenting.)

Disclaimer: This newsletter is for subscribers’ personal use only; redistribution is prohibited. Copyright Illinois State Bar Association. Statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association or Editors, and likewise the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.