Construction Law

Construction Law

Senate Bill 220

Topic: 
Condominium Property Act

(Murphy, D-Des Plaines) must first provide the unit owner a minimum of 20 days' written notice and an opportunity to be heard before the board may levy a fine. It also requires that the written notice must be made in compliance with the Act. The notice and opportunity to be heard requirements apply only to the ability to levy fines, and nothing contained in the new provisions limits or restricts the ability of the board to pursue or enforce the rights of the association. Provides that the association has no authority to report adverse information to a credit reporting agency or initiate collection proceedings against a unit owner for unpaid fines unless the board of managers has first complied with the notice and hearing requirements. Senate Bill 220 has been referred to the Committee on Assignments before being sent to a substantive Senate committee. 

Archer Daniels Midland Co. v. Sinele

Illinois Appellate Court
Civil Court
Injunctions
Citation
Case Number: 
2019 IL App (4th) 180714
Decision Date: 
Friday, February 1, 2019
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Reversed and remanded.
Justice: 
CAVANAGH

Plaintiff, ADM, moved for a preliminary injunction against its former employee, on the theory that his new consulting business inevitably would lead to his use of ADM's trade secrets. ADM failed to show a likelihood of success on the ultimate merits of the case. ADM does not allege that when retiring from ADM after 18 years of employment, Defendant took with him anything other than his unaided memory. The identity of buyers is not a trade secret, if their identity can be ascertained from public sources of information. The desirability of one customer over another is not a trade secret, if their desirability depends on information that the customer could tell you. Litigation appears to be an attempt to re-write the parties' employment agreement under the rubric of inevitable disclosure. (KNECHT and TURNER, concurring.)

From the Newsletters - Renewable Energy Construction Contracts

By Nathan Hinch
February
2019
Article
, Page 18
Before giving away the (solar or wind) farm, caveat emptor tips for land owners and bidding contractors.
1 comment (Most recent April 18, 2019)

House Bill 832

Topic: 
Vacancy Fraud Act

(Martwick, D-Chicago) allows a taxing body or its representative to file a vacancy-fraud complaint with the county board of review if the property is receiving vacancy relief and the property owner is not actively attempting to lease, sell, or alter the property. It sets forth factors in determining whether vacancy fraud has occurred and its penalties. House Bill 832 was just introduced. 

House Bill 281

Topic: 
Post-judgment changes

(Guzzardi, D-Chicago) amends the Code of Civil Procedure to do the following. (1) Provides that a summons issued in an action to collect a debt shall include a separate notice containing specified language regarding debtor rights. Provides that the clerk of the court shall cause the notice to be posted in courtrooms or in the hallway in front of courtrooms and be available for distribution in all courtrooms hearing cases involving debt collection matters. (2) Provides that a judgment may be revived by filing a petition to revive the judgment in the fifth year after its entry (instead of the seventh year after its entry, or in the seventh year after its last revival, or in the twentieth year after its entry, or at any other time within 20 years after its entry if the judgment becomes dormant). Provides that a petition to revive the judgment may be granted only if citation proceedings were initiated within one year of the judgment being entered. (3) Changes the limitations period for the enforcement of certain judgments from seven to five years. (4) Makes changes in provisions governing: wages subject to garnishment; the homestead exemption from judgments; and personal property exempt from judgments. (5) Amends the Interest Act to provide that consumer debt judgments of $25,000 or less shall draw interest at a rate of 2% per annum. House Bill 281 was just introduced. 

House Bill 252

Topic: 
Human Rights Act

(Guzzardi, D-Chicago) amends the Illinois Human Rights Act to provide that that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. House Bill 252 was just introduced. 

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.)