Articles on Construction Law

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.
1 comment (Most recent August 17, 2021)
We Can Work It Out: Considering the Consequences of Stopping Construction From Upstream and Downstream Perspectives By Jim Dash & Jonathan Safron Construction Law, August 2021 An overview of the risks encountered by both the owner and contractor when terminating their relationship in the midst of a project.
Baldwin Enterprises: Another Percent Completed Dispute By Paul Peterson Construction Law, May 2021 A summary and analysis of Baldwin Enterprises, Inc. v. Articon Hotel Services LLC.
Copyright Trolls in the Construction Industry—But Is It Good Law and Bad Facts? By David C. Brezina Construction Law, May 2021 A summary and analysis of Design Basics LLC v. Signature Construction Inc.
‘Verify’ That Your Verification is Proper to Avoid a Potentially Fatal Defect in a Lien Claim By Adam Whiteman & Steven Mroczkowski Construction Law, May 2021 The Illinois Mechanics Lien Act is full of traps for the unwary.
Seventh Circuit Confirms Strict Construction of Miller Act Conditions By Tina Paries Construction Law, December 2020 The Miller Act was enacted to protect subcontractors against nonpayment for work performed on federal government construction projects.
Preserving Evidence on Home Construction Cases By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, September 2020 Litigating a case for construction defects can be devastatingly expensive and time consuming for the homeowner and highly disruptive for the contractor’s business.
Can We Mediate Complex Construction Claims? By Hon. Lisa Curcio, (ret.) Construction Law, January 2020 Complex construction claims can be resolved or narrowed through mediation.
Editor’s Note By Samuel H. Levine Construction Law, January 2020 An introduction to the issue from the editor, Samuel H. Levine.
Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy! Will Illinois Ever Clean up Its Mess? By Clifford J. Shapiro Construction Law, January 2020 A look at Illinois' outdated analysis to determine whether construction defects constitute an “occurrence” under the commercial general liability insurance policy.
Illinois’ New Retainage Law By James Rohlfing Construction Law, October 2019 Effective August 20, 2019, Illinois law provides that a maximum of 10 percent retainage may be withheld from payments under private construction contracts and, after the contract is one-half complete, retainage must be reduced to 5 percent for the remainder of the contract.
Proper Payment Defense Against Mechanics Lien Claims in Illinois: Reliance on Sworn Statutory Statements By Paul Peterson Construction Law, October 2019 A discussion of some of the key cases construing the interplay between the proper payment defense and statutory sworn statements.
Retention Limitation: Another Wrinkle to the Illinois Contractor Prompt Payment Act By Paul Peterson Construction Law, October 2019 Public Act 101-0432 has added a retention limitation to the Illinois Contractor Prompt Payment Act effective for construction contracts entered into after August 20, 2019.
Court weighs in on constructive fraud in contractor lien dispute, summary judgment burdens – IL first district By James T. Rohlfing Construction Law, July 2019 The first district recently affirmed partial summary judgment for a restaurant tenant in a contractor’s mechanics lien claim in MEP Construction, LLC v. Truco MP, LLC.
No good deed: Court holds that financial contributions to construction project does not confer standing By Steven D. Mroczkowski Construction Law, July 2019 A summary of Goldfarb v. Bautista Concrete, Inc.
Sienna Court: Minton overruled and no implied warranty of habitability against subcontractors without contractual relationship By Steven D. Mroczkowski Real Estate Law, July 2019 In December 2018, the Supreme Court of Illinois decided the purchaser of a newly-constructed home may not assert a claim for breach of an implied warranty of habitability against a subcontractor that participated in the construction but with which the purchaser had no contractual relationship.
Sienna Court: Minton overruled and no implied warranty of habitability against subcontractors without contractual relationship By Steven D. Mroczkowski Construction Law, April 2019 In December 2018, the Supreme Court of Illinois decided the purchaser of a newly-constructed hom may not assert a claim for breach of an implied warranty of habitability against a subcontractor that participated in the construction but with which the purchaser had no contractual relationship.
Would broader use of P3s benefit subcontractors? By James T. Rohlfing Construction Law, April 2019 Public private partnerships—a method of involving private parties in some or all of the financing, design, construction, and operation of traditionally public building or infrastructure projects—are becoming increasingly popular.
Arbitration vs. litigation: Some thoughts on binding dispute resolution clauses in construction contracts By James Dash Construction Law, January 2019 Arbitration most often is faster than litigation in almost any court but, depending on how the neutral handles discovery and the hearing, it is not necessarily less expensive.
Effective use of the subcontractor’s sworn statement By Randolph E. Ruff Construction Law, January 2019 The subcontractor's sworn statement is one of most effective tools which contractors use to ensure that lower-tier subcontractors and suppliers receive adequate payment throughout the job.
Pass through and liquidating agreements for the construction industry By Margery Newman Construction Law, January 2019 The practical effect of a pass-through claim is the prevention of inefficiencies that result from the privity doctrine: Without a mechanism by which to avoid this doctrine, the subcontractor would have to sue the prime contractor, who in turn would have to sue the owner.
Constructing a bridge between the Home Repair and Remodeling Act and the Illinois Mechanics Lien Act By Adam B. Whiteman Construction Law, December 2018 A look at the significance of the Contractor’s Sworn Statement and the Home Repair and Remodeling Act.
Court affirms engineer’s limitation of liability By Werner Sabo Construction Law, December 2018 A federal court in Georgia recently held in U.S. Nitrogen v. Weatherly, Inc. that a limitation of liability provision in an engineer’s contract with the owner was effective and did not violate public policy.
Despite modern trend Ohio Supreme Court does not reconsider prior precedent, finds inadvertent defective work by subcontractor can never be a fortuitous “occurrence” By Clifford J. Shapiro Construction Law, December 2018 The Ohio Supreme Court ruled in Ohio Northern University v. Charles Construction Services Inc. that property damage caused by a subcontractor’s faulty workmanship can never be an accidental “occurrence” within the meaning of the commercial general liability insurance policy, and is therefore not covered.
Federal courts carve out their own rule for construction defect coverage in Illinois based on their own assessment of what triggers a duty to defend under commercial general liability policies By Geoffrey A. Bryce & Jennifer Cromheecke Insurance Law, December 2018 While Illinois trial and appellate courts overwhelmingly agree that the purpose of comprehensive general liability policies is to protect the insured from liability for injury or damage to persons or property and not to pay for costs associated with repairing or replacing the insured’s defective workmanship, federal courts are shifting to a less restrictive stance.
Renewable energy construction contracts: Some “caveat emptor” tips for farm owners and bidding contractors By Nathan Hinch Construction Law, December 2018 An overview of what to look for in renewable energy construction contracts.
Federal courts carve out their own rule for construction defect coverage in Illinois based on their own assessment of what triggers a duty to defend under commercial general liability policies By Geoffrey A. Bryce & Jennifer Cromheecke Construction Law, October 2018 While Illinois trial and appellate courts overwhelmingly agree that the purpose of comprehensive general liability policies is to protect the insured from liability for injury or damage to persons or property and not to pay for costs associated with repairing or replacing the insured’s defective workmanship, federal courts are shifting to a less restrictive stance.
Thank you for the opportunity to serve … By Jim Dash Construction Law, October 2018 A note from the Construction Law Section's past chair, Jim Dash.
Arbitration with nonsignatories to an agreement to arbitrate: The state of play in Illinois By Randall S. Rapp & John N. Rapp Construction Law, August 2018 Why and how a nonsignatory to an agreement to arbitrate can compel arbitration or be compelled to arbitrate in Illinois.
1 comment (Most recent August 14, 2018)

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