2015 AAA Construction Industry Arbitration Rules: Fair, efficient & economical arbitrations?By Randall S. Rapp & John N. RappConstruction Law, June 2017While the 2015 Rules may not cause significant changes in all arbitrations, they ultimately provide arbitrators adept at managing their arbitrations with the power to provide fairer, more efficient, and more economical arbitration experiences. But the new Rules also add complexity and open the door to court-like discovery and procedures.
Living with the New AAA Construction Industry Arbitration RulesBy Raymond A. FylstraConstruction Law, June 2017While widely and justifiably hailed for modernizing arbitration procedures, the new Rules still leave large gaps and create difficult dilemmas for parties who have already agreed to arbitrate.
Some insurance industry help for defective construction claimsBy Geoff BryceInsurance Law, June 2017According to current case law, the standing rule in Illinois is that there is no comprehensive general liability insurance coverage for any construction defect claim where the claim is that only the building itself was damaged.
Developer insolvency not required for direct implied warranty of habitability claims against residential buildersBy Raymond M. KrauzeConstruction Law, April 2017The ruling in 1120 Club Condominium Association opens the door to future claims against residential builders/general contractors who are not involved in the sale of residential units nor in contractual privity with the homeowners and eliminates a defense that residential builders/general contractors have often relied upon in defeating implied warranty of habitability claims.
Some industry help for no CGL coverage for defective construction claimsBy Geoff BryceConstruction Law, April 2017The standing rule in Illinois is that there is no comprehensive general liability insurance coverage for any construction defect claim where the claim is that only the building itself was damaged.
A winter’s tale—Snow liability and construction lawBy Nathan B. HinchConstruction Law, April 2017The decision in Murphy-Hylton v. Lieberman Management Services, Inc. is important in clarifying what had been a split issue among Illinois appellate courts – to what extent does the Snow and Ice Removal Act (the “Act”) provide immunity when the claim arises from a snow or ice-related issue, but NOT from the alleged negligent removal of naturally accumulating snow or ice.
Choice of law, choice of forum, and public policyBy Howard M. TurnerConstruction Law, March 2017This article considers the validity, applicability, and effect of The Illinois Building and Construction Act, including when it is preempted by the Federal Arbitration Act.
The sworn contractor’s and subcontractor’s statementsBy Paul PetersonConstruction Law, March 2017Balancing the desire to obtain good statutory documentation and the need to get the parties paid so the job gets done is not well understood and is not an easy job.
Why construction law?By Stanley N. WasserConstruction Law, March 2017Trying to decide which area of law to practice? Here's why you should consider construction law.
Oh! Those limitationsBy Samuel H. LevineConstruction Law, January 2017Four recent Illinois cases address claims limitations.
“Pay if paid” clauses upheld by First DistrictBy Jim DashConstruction Law, January 2017In the first published Illinois decision on the topic in 30+ years, the court in Beal Bank Nevada v. Northshore Center THC, LLC,held on September 30, 2016 that “pay if paid” clauses remain enforceable in contract if the payment condition is an unambiguous condition precedent to payment.
Limitations on the rights of fringe benefit funds to collect in a lien foreclosure actionBy Charles B. Lewis & Adam L. GillConstruction Law, September 2016A recent decision by the Circuit Court of Cook County, The Chicago District Council of Carpenters, et al., v. Ten East Delaware, LLC, et al clarifies a Fringe Benefits Funds’ standing to record and foreclose upon a mechanics lien against property for work performed by union members.
Henderson Square Condominium puts a bullseye on condominium developersBy Geoffrey A. BryceConstruction Law, June 2016In 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.
Specifically naming defendant in caption of summons required Supreme Court Rule 101(d)By Bradford J. PetersonConstruction Law, February 2016Although 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 inuriesBy Jason G. Schutte & Eric WaldmanConstruction Law, February 2016This 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. SchoumacherConstruction Law, January 2016A 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 regulationsBy Margery NewmanConstruction Law, January 2016One 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. WhitemanConstruction Law, September 2015The 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 IllinoisBy Jim DashConstruction Law, July 2015As 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 datesBy Paul PetersonReal Estate Law, June 2015In 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 datesBy Paul PetersonCommercial Banking, Collections, and Bankruptcy, June 2015In 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 2014 construction year in reviewBy Samuel H. LevineConstruction Law, April 2015A digest of statutory and case law of interest to construction attorneys.
Court upholds limitation of liability clauseBy Doug GieseConstruction Law, February 2015The 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.