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Building Knowledge
The newsletter of the ISBA’s Section on Construction Law

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Newsletter Articles From 2016

Clarifying “the amount due from the owner to the contractor” under Section 30 of the Mechanics Lien Act: GX Chicago, LLC v. Galaxy Environmental, Inc. By Steve Mroczkowski and Thomas A. Christensen January 2016 Are sub-subcontractors entitled to access the pool of funds owed to a general contractor by an owner? Are they limited in their recovery to funds available to their immediate contractor?
Editor’s note By Samuel H. Levine September 2016 An introduction to the issue from Editor Samuel Levine.
Editor’s note By Eric L. Singer June 2016 An introduction to the issue from Editor Eric Singer.
Editor’s note By Samuel H. Levine March 2016 An introduction to the issue from Editor Samuel Levine.
Editor’s note By Eric L. Singer February 2016 An introduction to the issue from Editor Eric Singer.
Editor’s note By Samuel H. Levine January 2016 A message from Editor Samuel Levine.
Henderson Square Condominium puts a bullseye on condominium developers By Geoffrey A. Bryce June 2016 In 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.
Illinois federal court decision holds that alleged property damage outside of subcontractor’s scope of work triggers the duty to defend By Clifford J. Shapiro June 2016 Westfield Insurance Company v. National Decorating Service, Inc. specifically rejects the argument that property damage to any part of a building or structure allegedly caused by a subcontractor’s defective work cannot be covered accidental “occurrence” under the CGL policy.
Implementing the bond as substitute security for a mechanics lien claim By Paul Peterson March 2016 Author Paul Peterson's article discusses implementing the bond, provides suggested forms and authorized sureties who can give a 770 ILCS 60/38.1 bond in Cook County, Illinois as of March 14, 2016.
Is it really new? By Bruce H. Schoumacher January 2016 A recent federal government contract case considered whether equipment delivered to the site was new. You may be surprised at the result.
Limitations on the rights of fringe benefit funds to collect in a lien foreclosure action By Charles B. Lewis and Adam L. Gill September 2016 A 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.
Previous waiver of the implied warranty of habitability bars claim by subsequent purchaser By Steven D. Mroczkowski September 2016 Fattah v. Bim is a well-reasoned, logical clarification of the body of law governing the implied warranty of habitability.
Specifically naming defendant in caption of summons required Supreme Court Rule 101(d) By Bradford J. Peterson February 2016 Although 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 inuries By Jason G. Schutte and Eric Waldman February 2016 This 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.
What are you worth—The new U.S. DOT DBE regulations By Margery Newman January 2016 One 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.