May 2011 Construction Law Newsletter
May 2011, vol. 1, no. 1
New! 2010 Guide to Illinois Statutes for Attorneys' Fee - This handy edition lists provisions in the Illinois Compiled Statutes that authorize the court to order one party to pay the attorney fees of another. No matter what your practice area, this book will save you time – and could save you money! Buy it at http://www.isba.org/store/books/2010attorneysfees
Now every article is the start of a discussion. If you're a member of the Construction Law Section, you can comment on any of the articles that appear below.
In This Issue…
- Editor’s note
An introduction to the inaugural issue from Editor Samuel Levine.
- Note from Construction Law Section Council Chair
A message from Construction Law Chair Howard Feldman.
- Construction project delivery methods: Which is best for you?
A look at the most common types of construction project delivery methods, including the newest methods that have received significant acclaim.
- Recent amendment guts the Arbitration Act
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.
Understanding a Construction Contract
April 7 - Chicago
Related Court Cases
(Court opinion corrected 12/6/16.) Fire occurred during extensive renovation project at casino, resulting in extensive damage to casino. Casino received $81.15 million in insurance payments from 3 separate insurers under 3 separate insurance policies. Waiver of subrogation provision is not limited to negligence actions, but can apply with equal force to contract claims. As parties agreed that loss and damage from fire would be borne solely by casino's property insurance, casino thus waived all claims against contractors arising from such loss. Plaintiffs failed to present facts showing that "time is of the essence" provision was material to contract such that Defendants' failure to complete project within contemplated time frame would negate waiver of subrogation provision. Contract provisions requiring contractor to obtain liability insurance and to indemnify casino for claims arising out of performance of work did not conflict with waiver of subrogation clause, so as to render those provisions an exception to the waiver. (LAVIN and COBBS, concurring.)
Beal Bank Nevada v. NorthShore Center THC, LLC
(Court opinion corrected 10/25/16.) Parties' subcontract requires Contractor to pay Subcontractor, and does not impose any condition precedent on such a fundamental obligation. Thus, Contractor is liable for amounts due to a subcontractor even if property owner fails to make payment to Contractor for Subcontractor's work.(GORDON and LAMPKIN, concurring.)
Disclaimer: This newsletter is for subscribers’ personal use only; redistribution is prohibited. Copyright Illinois State Bar Association. Statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association or Editors, and likewise the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.