Construction Law

Construction Law

House Bill 29

Topic: 
Condos and common interest community associations

(Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State with respect to amendments to the community instruments and accounting practices.

It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State with respect to an association’s budgeting practices, sale of property, notice requirements, contracts with board members, voting procedures, property-improvement procedures, accounting practices, collection and sharing of records, amendment to the condominium instruments, and subdivision or combination of units.

Both parts of the bill specifically reference Public Act 100-292. House Bill 29 was just introduced.

House Bill 39

Topic: 
Bill of particulars

(Thapedi, D-Chicago) amends the Code of Civil Procedure to provide that if the pleader does not file and serve a bill of particulars within 28 days of the demand, or if the bill of particulars delivered is insufficient, the court may, among other things, award attorney’s fees and costs. Provides a 28-day deadline for moving that a demand for a bill of particulars be denied or modified. House Bill 39 was just introduced.

Sienna Court Condominium Assoc. v. Champion Aluminum Corp.

Illinois Supreme Court
Civil Court
Implied Warranty of Habitability
Citation
Case Number: 
2018 IL 122022
Decision Date: 
Friday, December 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Certified question answered; appellate court reversed; circuit court reversed; remanded.
Justice: 
BURKE

The purchaser of a newly constructed home may not assert a claim for breach of implied warranty of habitability against a subcontractor who took part in the construction of the home, where subcontractor had no contractual relationship with the purchaser. The loss that can be recovered under implied warranty of habitability, which sounds in contract and not in tort, is pure economic loss. (KARMEIER, THOMAS, GARMAN, THEIS, and NEVILLE, concurring; KILBRIDE, dissenting.)

M&S Industrial Co., Inc. v. Allahverdi

Illinois Appellate Court
Civil Court
Statutes of Limitations
Citation
Case Number: 
2018 IL App (1st) 172028
Decision Date: 
Sunday, August 26, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
BURKE

(Court opinion corrected 12/19/18.) Court properly dismissed Plaintiff's complaint arising out of injuries sustained when roof of Defendant's building uplifted during a wind storm and struck nearby power lines, resulting in an electrical surge that damaged Plaintiff's property. Section 13-214(a) of Code of Civil Procedure, which is the construction negligence limitation period, applies to Plaintiff's claims, which involve a defectively constructed roof, a single event that does not entail daily provision of a dangerous utility to a customer.Limitations period was triggered at the time the roof of Defendant's building detached and caused damage to Plaintiff's property. As 4-year limitations period expired before Plaintiff filed suit, dismissal was proper.(McBRIDE and GORDON, concurring.)

Turner on Illinois Mechanics Liens

Bundled with a complimentary Fastbook PDF download!

"Turner on Illinois Mechanics Liens [First Edition] is the most noteworthy publication in recent years for Illinois construction lawyers. It will take its place next to the First and Second Editions of Love on Mechanics Liens. Every Illinois construction lawyer should have this book on their desk."

• Stanley Sklar,­ Esq., Dispute Resolution Services, Northbrook, Illinois

 

Published with the cooperation of the Society of Illinois Construction Attorneys (SOICA), Turner on Illinois Mechanics Liens: Second Edition is sure to be the new authoritative text on the law of Illinois mechanics liens. The book provides a straightforward explanation of mechanics lien law in the text and, in its footnotes, a starting point for legal research and acquiring a deeper understanding of mechanics lien law. It is authored by mechanics lien expert Howard M. Turner, who has been practicing, teaching, writing, and drafting legislation on mechanics lien law for over 50 years.

 

The book is user-friendly, comprehensive, and straightforward. Chapter II, Practical Considerations, covers matters judges believe lawyers often get wrong. There are seven checklists including: how to prepare a lien; how to defend against a lien; how to draft a pleading; and how to make payments so an owner only pays once. The Table of Contents and Index are helpful in finding specific issues and answers.

 

Leading construction attorneys had the following to say about the First Edition of Turner on Illinois Mechanics Liens:

 

"[A] gift to construction lawyers. [The] book is a practical compendium of what to do and, importantly, not do."

Hon. Clifford Meacham (Ret.)
ADR Systems

"The most complete and accurate book on Illinois mechanics liens currently available."

Margery Newman, Esq.
Deutsch, Levy and Engel

"An excellent book on Illinois mechanics liens."

Bruce Schoumacher, Esq.
Querrey & Harrow

"A complete and thoughtful treatment of Illinois mechanics lien law."

Randolph E. Ruff, Esq.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

"[A] must-read, must-have, complete resource on Illinois mechanics lien law."

Stanley N. Wasser, Esq.
FeldmanWasser

"Thorough and well cited. I expect to be consulting Howard's book in the future."

Paul Peterson, Esq.
Vice President & Senior Underwriter,
Fidelity National Family of Title Insurance Companies

 

Author:

Howard M. Turner

Publisher:

ISBA

Pub Date:

September 11, 2019

Format:

Softcover With Complimentary PDF

Edition:

Second

Pages:

338

Member Price:

$60.00

Nonmember Price:

$90.00

 

Senate Bill 904

Topic: 
Workers Compensation Act

(Hastings, D-Tinley Park; Hoffman, D-Belleville) amends the Workers' Compensation Act affecting fees and electronic claims. (1) Requires a provider to bill an employer or its designee directly. (2) Provides that the employer or the insurer must send to the provider an explanation of benefits. (3) Requires employers and insurers to pay interest to providers at the rate of 1% per month for services rendered on and after the effective date of this amendatory Act if the bill is not paid promptly.

(4) Authorizes providers to bring an action in circuit court to enforce the payment procedures with regard to services rendered on and after the effective date of this amendatory Act. (5) Requires the Director of Insurance to adopt rules to ensure that providers have the opportunity to comply with requests for records by employers and insurers. (6) Imposes penalties upon employers and insurers that fail to comply with the electronic claims process. This bill was amendatorily vetoed by the Governor, and the Senate overrode his veto last week. The House may consider it next week. If both chambers override the veto, it takes effect immediately. 
 

House Bill 3452

Topic: 
Workers Compensation Act

(Soto, D-Chicago; Hastings, D-Tinley Park) amends the Workers Compensation Act so that takes effect if and only if Senate Bill 904 of the 100th General Assembly becomes law in the form in which it passed both houses on May 31, 2018. In provisions concerning required interest payments to providers for unpaid bills, requires such payments to be made by the employer or its insurer to the provider within 30 days (rather than not later than 30 days) after payment of the bill. Provides that if the employer or its insurer fails to pay interest within 30 days after payment of the bill, the provider may bring an action in circuit court for the sole purpose of seeking payment of interest against the employer or its insurer. Provides that the circuit court's jurisdiction shall be limited to enforcing payment of interest as required under a specified provision of the Act. Effective upon becoming law or on the date Senate Bill 904 of the 100th General Assembly takes effect, whichever is later. It is on the House concurrence calendar after passing the Senate. 
 

House Bill 200

Topic: 
Workers Compensation Act

(Hoffman, D-Belleville; Hastings, D-Tinley Park) amends the Workers Compensation Act to require an employer or insurer to provide written notification to a provider and employee (or a designee) an explanation of benefits that explains the basis for the denial of a work-related illness or injury or the insufficiency of the required data necessary to adjudicate a medical bill.  On the House concurrence calendar after passing the Senate last week.  

House Bill 5978

Topic: 
Bill of particulars

(Thapedi, D-Chicago) amends the Code of Civil Procedure. It provides that if the pleader does not file and serve a bill of particulars within 28 days of the demand, or if the bill of particulars delivered is insufficient, the court may, among other things, award attorney's fees and costs. Creates a 28-day deadline for moving that a demand for a bill of particulars be denied or modified. Just introduced.