Construction Law
(Althoff, R-McHenry; Nekritz, D-Buffalo Grove) extends the sunset for current law until December 31, 2020. It requires work to be done or materials furnished to obtain a lien within three years for residential property and five years for any other kind of property.
Effective August 19, 2016.
(Modified upon denial of rehearing 8/2/16.) Jury found general contractor negligent in supervising construction site where Plaintiff was injured. General contractor's insurer refused to pay damages to Plaintiff, who was employee of subcontractor, claiming that general contractor had not complied with policy endorsement. Equitable principles estop insurer from asserting that endorsement against Plaintiff. Thus, court erred in granting summary judgment for insurer and should have been granted to Plaintiff. Insurer had told general contractor, years prior to trial, that it was limiting its liability to $50,000, but never disclosed this to Plaintiff in discovery. (PIERCE and SIMON, concurring.)
(Mulroe, D-Chicago; Lang, D-Skokie) changes a statutory notice of motion for the extension of an order of possession by replacing references to “landlord” with “plaintiff.”
Effective January 1, 2017.
(Silverstein, D-Chicago; Lang, D-Skokie) makes the following changes to supplementary proceedings: (1) Clarifies that a petition to revive a judgment must served and an order entered for a judgment to be revived. (2) Requires the amount of the bond to be posted after an entry of an order of prejudgment attachment against the property of a debtor who may conceal property or flee the state. (3) Makes taxable as court costs of all charges relating to the electronic filing of cases and pleadings. (4) Under current law, a court must vacate a judgment and dismiss the action when a release or full satisfaction for judgment is filed by the prevailing party. This provides that a judge may do so. (5) Eliminates the sheriff’s levy sale of corporate stock as superseded by the Uniform Commercial Code or a citation to discover assets statute.
Effective January 1, 2017.
(Breen, R-Lombard; Nybo, R-Lombard) extends the time in which a person may file a civil action if a person files a timely request for review under Section 3.5 of the Act. The civil action must be filed within 60 days of the decision by the Attorney General to resolve a request for review by a means other than the issuance of a binding opinion under Section 3.5(a).
Effective August 5, 2016.
(Cassidy, D-Chicago; Mulroe, D-Chicago) redefines “acceptable technological means” to mean any generally available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability. Allows acceptable technological means to be used to conduct association business such as a notice required to be sent or received; signature, vote, consent, or approval required to be obtained; and the performance of obligations or exercise of rights. It does not apply to any notices required under the Forcible Entry and Detainer Article or in connection with foreclosure proceedings in enforcement of any lien rights under the Acts.
Effective January 1, 2017.
(Haine, D-Alton; Beiser, D-Alton) allows an association to correct an error, omission, or inconsistency in the community instruments of the association by an amendment adopted by vote of two-thirds of the board of directors without a membership vote. This applies to correct an omission, error, or inconsistency so that the community instruments conform to the Act or to another applicable law. Effective January 1, 2017.
(Haine, D-Alton; Martwick, D-Chicago) allows a board to close any portion of a noticed meeting or meet separately from a noticed meeting to do the following: (1) “Discuss” instead of “consider” appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services. (2) Interview a potential employee, independent contractor, agent, or other provider of goods and services. (3) Consult with the association’s legal counsel. Effective January 1, 2017.
(Mulroe, D-Chicago; Martwick, D-Chicago) provides that any assignment of a developer’s interest in the property is not effective until the successor obtains the assignment in writing and records it. Effective January 1, 2017.
(Court opinion corrected 7/11/16.) Dispute between general contractor and one of its subcontractors. In 2004, the two worked on an interior build-out of 96 condo units in a building on North Michigan Avenue in Chicago. In 2007, general contractor filed demand for arbitration against condo building owner. Because general contractor and its subcontractor were not true adversaries at arbitration and there are questions about extent of subcontractor's control over its claim, subcontractor is not precluded from pursuing its claims against general contractor in circuit court, and circuit court properly found that collateral estoppel did not apply.General contractor does not have an absolute right to payment from subcontracotr without proof of actual loss. Court erred in granting partial summary judgment to general contractor based on judicial estoppel.(CUNNINGHAM and HARRIS, concurring.)