Publications

Section Newsletter Articles on Construction Law

Henderson Square Condominium puts a bullseye on condominium developers By Geoffrey A. Bryce Construction Law, June 2016 In Henderson Square Condominium Association v. Lab Townhome LLC, the Supreme Court expanded the basis upon which developers can be sued for defective condominium conversions and construction.
Illinois federal court decision holds that alleged property damage outside of subcontractor’s scope of work triggers the duty to defend By Clifford J. Shapiro Construction Law, June 2016 Westfield Insurance Company v. National Decorating Service, Inc. specifically rejects the argument that property damage to any part of a building or structure allegedly caused by a subcontractor’s defective work cannot be covered accidental “occurrence” under the CGL policy.
Specifically naming defendant in caption of summons required Supreme Court Rule 101(d) By Bradford J. Peterson Construction Law, February 2016 Although Supreme Court Rule 101(d) provides that a Summons must “substantially comply” with the model form, such substantial compliance is insufficient where the caption of the Summons fails to name the defendant being served.
Theories of contractor liability for jobsite inuries By Jason G. Schutte and Eric Waldman Construction Law, February 2016 This article outlines the theories of contractor liability for jobsite injuries under Restatement (Second) of Torts §414 and § 343, as well as the various exceptions to these theories and rules under Illinois law.
Is it really new? By Bruce H. Schoumacher Construction Law, January 2016 A recent federal government contract case considered whether equipment delivered to the site was new. You may be surprised at the result.
What are you worth—The new U.S. DOT DBE regulations By Margery Newman Construction Law, January 2016 One of the most hotly contested revisions of the U.S. DOT's Disadvantaged Business Enterprise program relates to the personal net worth form and related requirements to qualify.
The resulting loss exception to the Defective Workmanship Exclusion: Are you covered? By Adam B. Whiteman Construction Law, September 2015 The First District recently issued an opinion that may help insureds determine whether they will be able to get insurance coverage for damage resulting from a cause which itself is excluded from coverage.
Pay If/When Paid clauses in Illinois By Jim Dash Construction Law, July 2015 As a matter of pure contract, “Pay When Paid” or “Pay if Paid” clauses generally are enforceable in Illinois so long as the contract makes payment to the upstream party an unambiguous condition precedent to payment downstream. And if (sub)contractor does not have, or believes that it does not have, the leverage to negotiate the terms of its contract, it often will accept the contract, “Pay When/If Paid” clause and all, just in order to get the work.
North Shore Bank and the ever-changing work completion dates By Paul Peterson Real Estate Law, June 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.
North Shore Bank and the ever-changing work completion dates By Paul Peterson Commercial Banking, Collections, and Bankruptcy, June 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.
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.