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Construction LawThe newsletter of the ISBA’s Section on Construction Law

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Newsletter articles from 2011

Construction project delivery methods: Which is best for you? By Mark C. Friedlander May 2011 A look at the most common types of construction project delivery methods, including the newest methods that have received significant acclaim.
Editor’s note By Samuel H. Levine December 2011 An introduction to the issue from editor Samuel Levine.
Editor’s note By Samuel H. Levine October 2011 An introduction to the issue from Editor Samuel Levine.
Editor’s note By Samuel H. Levine May 2011 An introduction to the inaugural issue from Editor Samuel Levine.
MBE/WBEs as third-party beneficiaries of construction contracts By Peter Graham October 2011 A look at the the consequences of failing to heed MBE/WBE provisions.  
Must a homeowner establish the contractor’s state of mind to state a claim for a violation of the Illinois Home Repair and Remodeling Act? By Nathan B. Hinch October 2011 In light of the recent amendments to the Illinois Home Repair and Remodeling Act, must a homeowner also establish the contractor's state of mind in claims involving HRRA violations?
The new wave of insurance for construction defects? Four states enact statutes favoring coverage for faulty workmanship By Clifford J. Shapiro and Kenneth M. Gorenberg October 2011 Legislation recently enacted in Colorado, Hawaii, Arkansas, and South Carolina addresses whether claims alleging construction defects are covered by commercial general liability insurance policies.
Note from Construction Law Section Council Chair By Howard W. Feldman May 2011 A message from Construction Law Chair Howard Feldman.
On the psychology of incompetence in the construction process By Stanley P. Sklar December 2011 The author opines that the art of construction is similar to the art of war, but with one very major exception—that the construction process cannot become so adversarial that it rivals war in its destructiveness.
Recent amendment guts the Arbitration Act By Bruce H. Schoumacher May 2011 Arbitration was devised as a dispute resolution mechanism to avoid costly and timely battles in court and to ensure confidentiality. Unfortunately, the author writes, the recent amendment to the Arbitration Act opens the door to circumvent the purpose of arbitration.
Up Cypress Creek: Mechanics liens get an inferiority complex By Eric Singer December 2011 While the Cypress Creek case has been decried as the death of the Mechanics Lien Act, it merely clarified what lenders have always been able to accomplish.