Building Knowledge

The newsletter of the ISBA’s Section on Construction Law

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2012 Articles

ACORD insurance certificate changed By Bruce H. Schoumacher May 2012 When drafting construction contracts, attorneys and their clients must be aware of the limitations of revised ACORD 25. They will have to develop contract provisions which recognize those limitations.
ARRA domestic source requirements: “Buy American”—A complex maze having serious non-compliance consequences By Stanley N. Wasser May 2012 This article is intended to provide you with basic guidance for what you will find is a complex issue having potential serious non-compliance consequences.
Contractor may delegate safety duty to subcontractor By Ghazal Sharifi December 2012 The recent case of Oshana v. FCL Builders, Inc. held that a contractor may now delegate the safety obligations contained in its contract to a subcontractor and thus avoid liability for any injuries to a subcontractor employee.
“The devil is in the details”: Coverage issues to consider in light of Westfield Insurance Company v. FCL Builders December 2012 If your client is an “additional insured” instead of a “named insured,” your client will have greater coverage protection, will be subject to fewer exclusions, will not be obligated to pay the deductible, and will not subject to reporting requirements.
Editor’s note By Samuel H. Levine December 2012 An introduction to the issue from Editor Samuel Levine.
Editor’s notes By Samuel H. Levine May 2012 An introduction to the issue from Editor Samuel Levine.
The Illinois sworn contractor’s statement: An owner’s defense and an owner’s obligation By Paul Peterson May 2012 Acceptance of a statutory sworn contractor's statement that does not meet the requirements of Section 5 may leave the owner with obligations and no corresponding benefits. 
The leaky “pay-if-paid” clause: A fluid story of the “ifs” and “whens” of contingent payments By Nicholas J. Johnson December 2012 Subcontractors and contractors would both be well served in making themselves aware of the proper means of creating a “pay-if-paid” clause, and the various ways it might be circumvented.
New amendments to the Illinois Payment Bond Act By Justin L. Weisberg May 2012 The amendments to the Public Construction Bond Act provide some conformance with the Lien on Public Fund Act while eliminating some ambiguity relating to the perfection of a payment bond claim under the Act.