Construction Law

Construction Law

House Bill 201

Topic: 
Trades and proof of insurance
(Fine, D-Glenview) requires the Department of Financial and Professional Regulation to accept proof of bond insurance for general liability coverage from general contractors, painters, drywallers, HVAC technicians, and electricians. DPR then must publish this on a publicly accessible website. It prohibits a unit of local government from requiring these trades to submit additional proof of bond insurance for general liability coverage or assess a fee associated with the proof of bond insurance to do business in that jurisdiction if they do this. Just introduced and referred to House Rules Committee.
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House Bill 304

Topic: 
Notice and change of addresses
(Brady, R-Normal) amends the Clerks of Courts Act to allow the circuit court clerk to reasonably rely upon any notice of the party’s change of address received from the United States Postal Service as a true and correct statement of the party’s current residential address. Applies to any notification required by law to be made by the circuit clerk to a party. Just introduced and referred to House Rules Committee.
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House Bill 175

Topic: 
Open Meetings Act
(McSweeney, R-Cary) provides that a request for review may be filed no later than 60 days after the discovery of an alleged violation of the Act (instead of 60 days after the alleged violation) if facts concerning the violation are not discovered within 60 days after the alleged violation but are discovered at a later date by a person using reasonable diligence. Introduced and assigned to House Rules Committee.
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Senate Bill 59

Topic: 
Juror fees
(Mulroe, D-Chicago) repeals the recently enacted increase in juror fees if the county board determines that it cannot pay them. It requires the county board to enact new fees not less than the old law of $4, $5, or $10 a day and mileage. Senate Bill 59 doesn’t repeal the recently enacted change in civil cases from a 12-person jury to a six-person jury. Introduced and assigned to the Senate Committee on Assignments.
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Pyramid Development, LLC v. Dukane Precast, Inc.

Pyramid Development, LLC v. Dukane Precast, Inc.
Illinois Appellate Court
Civil Court
Mechanics Lien Act
Citation
Case Number: 
2014 IL App (2d) 131131
Decision Date: 
Monday, December 22, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
(Court opinion corrected 12/23/14.) In mechanic's lien litigation between Plaintiff, a general contractor company, and subcontractor, court properly found that Plaintiff failed to prove its cost to repair subcontractor's alleged defective workmanship, as Plaintiff failed to provide court with reasonable basis for computing damages. Court found Plaintiff's representative to be not credible, and he failed to keep records of Plaintiff's damages. Court properly found that Plaintiff was not entitled to recover on its lien due to Plaintiff’s failure to comply with Section 5 of Mechanics' Lien Act. (BURKE and SPENCE, concurring.)

Public Act 98-1132

Topic: 
Jury size and pay
(Burke, D-Evergreen Park; Mulroe, D-Chicago) makes the following changes for juror pay: (1) Requires counties to pay jurors $25 for the first day of service and thereafter $50 for each day of service. (2) Deletes the current requirement to pay for jurors’ travel expenses. (3) Requires all trials by jury in civil cases to be six jurors but still requires that the verdict be unanimous. If alternate jurors are requested, an additional fee established by the county must be charged for each alternate juror requested. Effective date is June 1, 2015.
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Senate Bill 2221

Topic: 
Statute of limitation for pollutants
(Sullivan, D-Quincy; Currie, D-Chicago) amends the Code of Civil Procedure to make an exception to the 10-year statute of limitation for personal injuries or death caused by the discharge into the environment of any pollutant. This would include any waste, hazardous substance, irritant, or contaminant (including but not limited to, smoke, vapor, soot, fumes, acids, alkalis, asbestos, toxic or corrosive chemicals, radioactive waste or mine tailings.). Scheduled for hearing Dec. 1 in House Judiciary Committee.
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