Building Knowledge

The newsletter of the ISBA’s Section on Construction Law

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2020 Articles

Can We Mediate Complex Construction Claims? By Hon. Lisa Curcio, (ret.) January 2020 Complex construction claims can be resolved or narrowed through mediation.
Chair’s Corner By Justin Weisberg December 2020 A note from the chair, Justin Weisberg.
Client Alert: Force Majeure Clauses in Construction and Other Commercial Contracts in the Age of COVID-19 By Adam C. Toosley & Zachary K. Iacovino April 2020 As the outbreak of COVID-19 continues to cause major disruptions in the daily lives of people and businesses around the world, it is only natural that concerns would be raised regarding performance under many contracts—including construction contracts.
Coronavirus in Construction: What to Do Now to Plan for Beyond the Outbreak By Jim Dash April 2020 A look at what you can do now to avoid future lawsuits and advance your business interests.
COVID-19: Implications on Illinois Contract Law and the Doctrine of Commercial Frustration By Thadford A. Felton July 2020 COVID-19 is impacting businesses and their operations, and parties are looking for guidance in the event that one or the other party to a contract is, or claims to be, unable to fulfill its contractual obligations.
Editor’s Note By Samuel Levine December 2020 An introduction to the issue from the editor, Samuel Levine.
Editor’s Note By Samuel H. Levine July 2020 An introduction to the issue from the editor, Samuel Levine.
Editor’s Note By Samuel H. Levine April 2020 An introduction to the issue from the editor, Samuel H. Levine.
Editor’s Note By Samuel H. Levine January 2020 An introduction to the issue from the editor, Samuel H. Levine.
From the Ex-Officio: The Year in Review By Paul Peterson July 2020 A look at what the Construction Law Section Council accomplished during the 2019-20 bar year.
How Little We Know By Karen Erger July 2020 COVID-19 related reflections on what we’ve come to know.
The Impact of Coronavirus on Construction: How to Prepare By RIchard Reizen & Patrick Johnson April 2020 While there is little that can be done in the short term to mitigate the consequences of COVID-19 on the construction industry, there are a few basic steps suggested as best practices.
Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy! Will Illinois Ever Clean up Its Mess? By Clifford J. Shapiro January 2020 A look at Illinois' outdated analysis to determine whether construction defects constitute an “occurrence” under the commercial general liability insurance policy.
The Realities of the Workers’ Compensation COVID-19 Rebuttable Presumption By Michael C. Milstein & Chase Gruszka July 2020 On June 5, 2020, in response to a repeal of an emergency rule adopted by the by the Illinois Workers’ Compensation Commission, Governor Pritzker signed HB2455 into law, which makes it significantly easier for employees to obtain workers’ compensation benefits following exposure to COVID-19.
Restore Construction Company, Inc., v. The Board of Education of Proviso Township High Schools District 209 By Karen Kies DeGrand July 2020 A summary and analysis of Restore Construction Company, Inc., v. The Board of Education of Proviso Township High Schools District 209.
Second District Confirms That Receiver Certificates May Prime Prior Liens By James M. Dash & Steven D. Mroczkowski December 2020 The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
Seventh Circuit Confirms Strict Construction of Miller Act Conditions By Tina Paries December 2020 The Miller Act was enacted to protect subcontractors against nonpayment for work performed on federal government construction projects.