2018 Articles

Arbitration with nonsignatories to an agreement to arbitrate: The state of play in Illinois By Randall S. Rapp & John N. Rapp August 2018 Why and how a nonsignatory to an agreement to arbitrate can compel arbitration or be compelled to arbitrate in Illinois.
Constructing a bridge between the Home Repair and Remodeling Act and the Illinois Mechanics Lien Act By Adam B. Whiteman December 2018 A look at the significance of the Contractor’s Sworn Statement and the Home Repair and Remodeling Act.
Construction legislative status report August 2018 On overview of bills affecting the construction and real estate industries that are awaiting Gov. Bruce Rauner's signature.
Court affirms engineer’s limitation of liability By Werner Sabo December 2018 A federal court in Georgia recently held in U.S. Nitrogen v. Weatherly, Inc. that a limitation of liability provision in an engineer’s contract with the owner was effective and did not violate public policy.
Despite modern trend Ohio Supreme Court does not reconsider prior precedent, finds inadvertent defective work by subcontractor can never be a fortuitous “occurrence” By Clifford J. Shapiro December 2018 The Ohio Supreme Court ruled in Ohio Northern University v. Charles Construction Services Inc. that property damage caused by a subcontractor’s faulty workmanship can never be an accidental “occurrence” within the meaning of the commercial general liability insurance policy, and is therefore not covered.
Discovery in construction litigation: Tread lightly By Stanley N. Wasser & Howard W. Feldman May 2018 It is important for us to take care in how we respond to discovery requests—including the making of boilerplate discovery objections.
Editor’s Column By Samuel H. Levine May 2018 An introduction to the issue from Samuel Levine.
Editor’s note By Samuel H. Levine December 2018 An introduction to the issue by Samuel H. Levine.
Editor’s note By Samuel Levine October 2018 An introduction to the issue by Samuel Levine.
Editor’s note By Samuel H. Levine August 2018 An introduction to the issue by Samuel Levine.
Editor’s note By Samuel H. Levine February 2018 An introduction to the issue from Editor Samuel Levine.
Extra-contractual remedies in Illinois By James M. Dash & Steven D. Mroczkowski February 2018 Even where no express contract exists, implied contracts can be created as a result of parties’ actions.
Federal courts carve out their own rule for construction defect coverage in Illinois based on their own assessment of what triggers a duty to defend under commercial general liability policies By Geoffrey A. Bryce & Jennifer Cromheecke October 2018 While Illinois trial and appellate courts overwhelmingly agree that the purpose of comprehensive general liability policies is to protect the insured from liability for injury or damage to persons or property and not to pay for costs associated with repairing or replacing the insured’s defective workmanship, federal courts are shifting to a less restrictive stance.
Overview of the upcoming “The Anatomy of a Mechanics Lien Claim” CLE May 2018 The Anatomy of a Mechanics Lien Claim is being held in Chicago on May 9.
Preparing for the changes in the new AIA 2017 forms By Justin L. Weisberg February 2018 After a decade, the AIA released new design and construction contract forms in April 2017. Some of the more notable changes to the AIA construction contract documents are summarized here.
Renewable energy construction contracts: Some “caveat emptor” tips for farm owners and bidding contractors By Nathan Hinch December 2018 An overview of what to look for in renewable energy construction contracts.
Thank you for the opportunity to serve … By Jim Dash October 2018 A note from the Construction Law Section's past chair, Jim Dash.
With great data comes great responsibility: The Illinois Biometric Information Privacy Act and the construction industry By Daniel S. Brennan May 2018 The Illinois Biometric Privacy Act addresses the privacy concerns implicated by the use of biometric data.