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2019 Articles

Arbitration vs. litigation: Some thoughts on binding dispute resolution clauses in construction contracts By James Dash January 2019 Arbitration most often is faster than litigation in almost any court but, depending on how the neutral handles discovery and the hearing, it is not necessarily less expensive.
Court weighs in on constructive fraud in contractor lien dispute, summary judgment burdens – IL first district By James T. Rohlfing July 2019 The first district recently affirmed partial summary judgment for a restaurant tenant in a contractor’s mechanics lien claim in MEP Construction, LLC v. Truco MP, LLC.
Editor’s Note By Samuel H. Levine October 2019 An introduction to the issue from the editor, Samuel H. Levine.
Editor’s note By Samuel H. Levine July 2019 An introduction to the issue from the editor, Samuel H. Levine.
Editor’s note By Samuel L. Levine April 2019 An introduction to the issue from the editor, Samuel H. Levine.
Editor’s note By Samuel H. Levine January 2019 An introduction to the issue from the editor, Samuel H. Levine.
Effective use of the subcontractor’s sworn statement By Randolph E. Ruff January 2019 The subcontractor's sworn statement is one of most effective tools which contractors use to ensure that lower-tier subcontractors and suppliers receive adequate payment throughout the job.
Illinois’ New Retainage Law By James Rohlfing October 2019 Effective August 20, 2019, Illinois law provides that a maximum of 10 percent retainage may be withheld from payments under private construction contracts and, after the contract is one-half complete, retainage must be reduced to 5 percent for the remainder of the contract.
No good deed: Court holds that financial contributions to construction project does not confer standing By Steven D. Mroczkowski July 2019 A summary of Goldfarb v. Bautista Concrete, Inc.
Pass through and liquidating agreements for the construction industry By Margery Newman January 2019 The practical effect of a pass-through claim is the prevention of inefficiencies that result from the privity doctrine: Without a mechanism by which to avoid this doctrine, the subcontractor would have to sue the prime contractor, who in turn would have to sue the owner.
Proper Payment Defense Against Mechanics Lien Claims in Illinois: Reliance on Sworn Statutory Statements By Paul Peterson October 2019 A discussion of some of the key cases construing the interplay between the proper payment defense and statutory sworn statements.
Retention Limitation: Another Wrinkle to the Illinois Contractor Prompt Payment Act By Paul Peterson October 2019 Public Act 101-0432 has added a retention limitation to the Illinois Contractor Prompt Payment Act effective for construction contracts entered into after August 20, 2019.
Sienna Court: Minton overruled and no implied warranty of habitability against subcontractors without contractual relationship By Steven D. Mroczkowski April 2019 In December 2018, the Supreme Court of Illinois decided the purchaser of a newly-constructed hom may not assert a claim for breach of an implied warranty of habitability against a subcontractor that participated in the construction but with which the purchaser had no contractual relationship.
Would broader use of P3s benefit subcontractors? By James T. Rohlfing April 2019 Public private partnerships—a method of involving private parties in some or all of the financing, design, construction, and operation of traditionally public building or infrastructure projects—are becoming increasingly popular.