Changes to the Illinois Public Adjuster ActBy Mark B. GrzymalaConstruction Law, November 2025Updates to the Illinois Public Adjuster Act, effective January 1, 2024, impact various aspects of public adjusting, including expanded definition and scope, licensing requirements, contractual agreements, and fee structures. Learn what this may mean for you and your business.
DEI Is Dead: Long Live Economic DevelopmentBy Margery NewmanConstruction Law, November 2025An update to a February 2025 article that explored affirmative action programs in the construction industry, this article discusses the criteria for certification as a BDE and how current and future companies that are either certified DBEs or want to become certified DBEs will be required to show how they have been disadvantaged.
Editor’s NoteBy Samuel H. LevineConstruction Law, November 2025A note from the Editor of the Building Knowledge Newlsetter, the newsletter of the Construction Law Section, regarding the current issue and upcoming CLE programs.
Fewer Sleepless Nights for Mechanics Lien Claimants’ CounselBy James M. DashConstruction Law, November 2025If you represent claimants in actions under the Illinois Mechanics Lien Act, don't find yourself on the wrong side of statutory deadlines. However, a case from the Bankruptcy Court for the District of Idaho, In re Millenkamp Cattle, Inc., may offer some comfort.
Editor’s NoteBy Samuel H. LevineConstruction Law, October 2025A note from the Editor of Building Knowledge, the newsletter of the Construction Law Section.
The Modified Total Cost Method: A Few ThoughtsBy Stanley N. WasserConstruction Law, October 2025A look at the modified total cost method, the necessary elements that must be met in a case to utilize the modified total cost method, and the case law that has shaped the topic.
Public Acts SummaryBy Paul PetersonConstruction Law, October 2025An overview of the Public Acts of the 104th General Assembly that were submitted to the Construction Law Section Council and may impact various areas of construction law.
Recent Retainage Reforms in Illinois: First Private Projects, Then Local Government, and Now State AgenciesBy James RohlfingConstruction Law, October 2025On June 1, 2025, the Illinois legislature passed House Bill 1224 (HB1224), restricting retainage permitted to be withheld from contractors on construction projects with certain Illinois state agencies. The bill was signed by Governor Pritzker on August 15, 2025 and created Public Act 104-0168, which will become effective June 1, 2027. It will be the third new law in the last six years enacted by the Illinois legislature restricting the withholding of retainage under Illinois construction contracts.
Editor’s NoteBy Samuel H. LevineConstruction Law, September 2025A note from the Editor of the Construction Law Section Newsletter providing a preview into the current issue.
Tariffs and the New Risks To Be Addressed in Construction ContractsBy Jeffrey KehlConstruction Law, September 2025Consider incorporating additional provisions, like tariff adjustment clauses, price escalation clauses, force majeure clauses, among others, in your contracts to protect yourself against tariff increases.
Editor’s NoteBy Samuel H. LevineConstruction Law, May 2025An introduction to the issue from the editor.
When Bad Things Happen to Good ProjectsBy Samuel H. LevineConstruction Law, May 2025The article examines the suspension of construction projects, their causes, and the contractual rights and responsibilities involved. Industry-standard contracts like AIA A201 and ConsensusDocs 200 contain suspension clauses that allow owners to suspend work for convenience and outline contractor rights, including time and cost adjustments. Federal contracts also permit suspension but typically exclude profit in recovery. Levine's article highlights the need for contractors to follow claim procedures carefully and document delays and damages. It also covers force majeure clauses, emergency provisions, and differentiates between delay and disruption claims. Special emphasis is placed on the importance of proper contract drafting and timely communication to manage the impacts of suspension.
Affirmative Action and the Vagaries of the Fourteenth AmendmentBy Margery NewmanConstruction Law, February 2025Forty-four years ago, the United States Supreme Court determined that Congress could “set aside” 10 percent of all federal funds earmarked for local public works for use by minority business enterprises (“MBE”). Today, the Supreme Court considers the employment of race as an anathema to the Fourteenth Amendment.
Editor’s NoteBy Samuel H. LevineConstruction Law, February 2025An introduction to the issue from the editor.
The Trilogy of Builder’s Risk Cases—Clarity or Confusion?By Geoffrey BryceConstruction Law, February 2025A recent Illinois Supreme Court case completes the trilogy of recent builder’s risk decisions. The builder’s risk policy is intended to shift the risk of loss to the insurer to facilitate the completion of the construction project and avoid litigation. The builder’s risk claim, if paid, almost always presents the issue of just how far does the waiver of subrogation by the parties covered by the builder’s risk policy extend. The recent caselaw delves into this issue.
Bid Mistakes, Bid Withdrawals, and What to Do NextBy Mark B. GryzmalaConstruction Law, January 2025The complexities of bid mistakes and withdrawals can often lead to significant legal and financial consequences. Whether you are a seasoned contractor or a novice in the industry, understanding these challenges is crucial.
From the EditorBy Samuel H. LevineConstruction Law, January 2025An introduction to the issue from the editor.
Overcoming the Fear of ArbitrationBy Hon. Lisa R. Curcio, (ret.)Construction Law, January 2025Parties avoid arbitration because of several common fears. Besides the limited right to appeal, parties fear an arbitrator who will “split the baby” or treat the arbitration like litigation, increasing the cost of resolving the dispute, or an arbitrator who does not know the law or ignores the law. Yet there are concrete ways that parties can take advantage of the benefits of arbitration while overcoming these fears.
“That Can’t Be Right”: Illinois Contractors Must Be Aware of Sureties’ Rights Upon Default Under Payment and Performance BondsBy Frank M. SwansonConstruction Law, January 2025Upon receiving notice of a potential declaration of default under a Payment and Performance Bond, we often receive questions from clients about what measure of control they can properly assert over a surety’s selection of a substitute contractor. The answer to some is surprising: almost none. Yet, the risk of the surety selecting an improper surety, or risking contractual relationships, can be minimized at the contracting stage through simple, clear modifications of the standard A312 Payment and Performance Bond and standard contractual provisions.
Illinois Passes “Wage Protection” Law Targeting General ContractorsBy Daniel G. RosenbergConstruction Law, October 2024On June 10, Governor J.B. Pritzker signed into law an amendment to the Illinois Wage Payment and Collection Act making general contractors (or trade contractors that themselves have subcontractors) liable for the wages of their subcontractors' employees.
Burrink Commercial Services v. New Life Covenant ChurchBy Samuel H. LevineConstruction Law, May 2024In Burrink Commercial Services v. New Life Covenant Church, the appellate court dismissed a complaint to foreclose a mechanics lien as factually insufficient because the complaint improperly characterized two contracts as one.
The First-to-Breach Doctrine and Its ExceptionBy Howard W. FeldmanConstruction Law, April 2024In June 2023, the Illinois Supreme Court rendered a decision in PML Development, LLC v. The Village of Hawthorne Woods, which clarified the law when there are cross contractual defaults and continued performance.
Partial Lien Waiver DilemmaBy Mark B. GrzymalaConstruction Law, April 2024An overview of the issues that can arise when a contractor or subcontractor provides a partial lien waiver.
