Construction Law

Construction Law

Pepper Construction Company v. Palmolive Tower Condominiums, LLC

Pepper Construction Company v. Palmolive Tower Condominiums, LLC
Illinois Appellate Court
Civil Court
Attorneys Fees
Citation
Case Number: 
2024 IL App (1st) 221319
Decision Date: 
Friday, March 22, 2024
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
ODEN JOHNSON

Appeal from a complicated case involving a dispute relating to a construction project with multiple prior opinions and orders. At issue in the current appeal was the issue of attorneys fees. Plaintiff argued on appeal that one of the defendants was not a prevailing party and, as a result, was not entitled to attorneys fees that were awarded to the defendant. Defendant argued on appeal that the amount of the attorneys fees awarded were insufficient. The appellate court affirmed, finding that the trial court did not abuse its discretion in awarding attorneys fees or determining the amount awarded. (HYMAN and TAILOR, concurring)

Construction Defects Covered by Comprehensive General Liability Insurance

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Construction Law Section


1.0 hour MCLE credit


Original Program Date: Tuesday, February 27, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­March 14, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Until recently, there was no insurance coverage in Illinois that would cover damage caused by defective construction. All of this changed, however, when the Illinois Supreme Court ruled on Acuity vs. M/I Homes of Chicago, LLC [1] and agreed that coverage can be provided for claims of defective construction under standard commercial general liability (CGL) insurance policies. Don’t miss this hot topic discussion regarding the change in insurance law governing construction defect claims. Construction law attorneys, real estate lawyers, and corporate law counsel with intermediate practice experience who attend this online program will better understand:
  • What the law entailed prior to Acuity;
  • What changed in the law after the Acuity case;
  • The significance of the Acuity case moving forward;
  • The possible responses by the insurance industry; and
  • The practice pointers and advice you need to effectively help your construction clients.

Program Coordinator:
Geoffrey A. Bryce , Attorney at Law, LaGrange Park

Program Moderator:
Cornelius F. Riordan, Hahn Loeser & Parks LLP, Chicago

Program Chat Moderator:
Clifford J. Shapiro, Shapiro Dispute Resolution LLC, Chicago

Program Speakers:
Geoffrey A. Bryce , Attorney at Law, LaGrange Park
Clifford J. Shapiro, Shapiro Dispute Resolution LLC, Chicago

[1] https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/855de139-4267-4ea7-ba1b-ff51dd6d99f1/Acuity%20v.%20MI%20Homes%20of%20Chicago,%20LLC,%202023%20IL%20129087.pdf



Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $35 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $70
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

ISBA's Rooting Out Racial Bias

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the Illinois State Bar Association and the Illinois Judges Association
Co-sponsored by the Northwest Suburban Bar Association, Illinois Defense Counsel, Asian American Bar Association, Chinese American Bar Association, Hispanic Lawyers Association of Illinois, Korean American Bar Association, Filipino American Lawyers Association of Chicago, DuPage County Bar Association, Sangamon County Bar Association, Winnebago County Bar Association, Catholic Lawyers Guild, Women’s Criminal Defense Bar Association, Champaign County Bar Association, McHenry County Bar Association, Justinian Society of Lawyers, Workers’ Compensation Lawyers Association, The Advocates’ Society, and the Decalogue Society of Lawyers

1.50 hours MCLE credit, including 1.50* hours Professional Responsibility MCLE credit in the following category: Diversity and Inclusion credit


Original Program Date: December 10, 2021
MCLE Accreditation Extension Period: February 8, 2024 - February 7, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


With the language of inclusion continually evolving, it’s likely that people will inadvertently offend someone, even while trying to be conscious of their wording. Don’t miss this timely discussion in which our two speakers draw on their experience in promoting all aspects of diversity in their legal community. Topics include: micro-aggression, implicit bias, and cultural appropriation.

Program Moderator:
Anna P. Krolikowska, ISBA President 2021-22, Attorney at Law, Northbrook

Program Speakers:
Dana Cutler, James W. Tippin & Associates, Kansas City, MO
Keith Cutler , James W. Tippin & Associates, Kansas City, MO



Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • Fees:
    • ISBA Member Price of $52.50 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $105
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free

Single-Family Residential Construction: The Owner's Perspective - Part 2

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Construction Law Section


2.25 hours MCLE credit


Original Program Date: Wednesday, January 24, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­February 5, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Investing in the construction of a new home or remodeling an existing home may be one of the largest financial investments that a client may make. Moreover, securing the home of “their dreams” is also an emotional investment by the client. Don’t miss this two-part on-demand program that gives you an overview of the various construction law issues from the owner’s perspective, which will allow you to better protect your clients from construction and payment disputes with their contractors and guide them to a smoother journey to obtain their dream home. Part 2 topics include:
  • Payment processes;
  • Lien waivers;
  • The Illinois Mechanics Lien Act provisions bearing on residential construction;
  • Warranties applicable to residential construction;
  • Understanding the concepts of substantial and final completion and the certificate of occupancy; and
  • Much more.

Program Coordinator/Moderator:
Stanley N. Wasser, Feldman Wasser, Springfield


Understanding the Payment Process
Learn how to help your clients navigate the payment process with this informative presentation.
Topics include: pay applications, escrow disbursements, punch lists, and lien waivers.
Samuel H. Levine, Downey & Lenkov LLC, Chicago
David T. Arena, Arena Law Office, LLC, Park Ridge

Understanding Illinois Mechanics Lien Act
Don’t miss this comprehensive overview of the Illinois Mechanics Lien Act as it applies to residential construction.
Mark B. Grzymala, Grzymala Law Offices, P.C., Skokie
Adam Whiteman, Whiteman Law, Chicago

Understanding Warranties and the Right to Cure
Get the information you need about warranties and the right to cure construction defects, including implied workmanship warranty, UCC warranties, contractual call back warranties, and statutes of limitations.
Justin L. Weisberg, Robbins, DiMonte, Ltd. Chicago
Adam Whiteman, Whiteman Law, Chicago

Understanding the Concept of Occupancy
Learn the difference between substantial and final completions, certificates of occupancy and their implications for warranty coverage and insurance issues.
Samuel H. Levine, Downey & Lenkov LLC, Chicago
Cornelius F. Riordan, Hahn Loeser, Chicago


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $78.75 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $157.50
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

ISBA'S LAW ED FACULTY DEVELOPMENT SERIES Virtual Presentations: The Basics and Beyond

ISBA’s Law Ed Faculty Development Series
Complimentary and Exclusively for ISBA Law Ed Faculty
(and for those who want to become Law Ed Faculty)
For ISBA Members Only


1.50 hours MCLE credit, including 1.50 hours Professional Responsibility MCLE credit in the following category : Professionalism, Civility, and Legal Ethics


Original Program Date: Thursday, January 18, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­Febuary 1, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)
Take your virtual presentation skills to the next level with the
practical tools and insights you will gain in this program.


Enhance your online zoom presentation skills by attending this interactive training program! With 95% of ISBA CLE credit delivered online to ISBA members, it’s important that you have the tools and insight you need to reach your next online CLE audience. Don’t miss this opportunity to learn from our experienced presenters as they take you through the process of planning your presentation all the way through your zoom presentation day, offering best practices, top tips, and inside advice along the way. For your next on-camera presentation, you’ll learn how to:
Structure and develop your presentation, including how to create learning objectives for your audience;
Identify best practices for written materials;
Use effective interactivity exercises;
Make the most of your available technology tools;
Maintain comfort and confidence on-camera;
  • Use the camera in a professional manner;
  • Know which Zoom (and other platform) features can enhance your delivery skills;
  • Use lighting and sound to your advantage;
  • Develop and use polls and other virtual platform features effectively;
  • And more!

Program Moderator:
Carol A. Casey, Illinois Department of Children & Family Services, Joliet

Program Speakers:
Erika N. Harold, Illinois Supreme Court Commission on Professionalism, Chicago
Paul Unger, Affinity Consulting, Ohio

Single-Family Residential Construction: The Owner's Perspective - Part 1

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Construction Law Section


2.25 hours MCLE credit


Original Program Date: Wednesday, January 17, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­January 29, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Investing in the construction of a new home or remodeling an existing home may be one of the largest financial investments that a client may make. Moreover, securing the home of “their dreams” is also an emotional investment by the client. Don’t miss this two-part on-demand program that gives you an overview of the various construction law issues from the owner’s perspective, which will allow you to better protect your clients from construction and payment disputes with their contractors and guide them to a smoother journey to obtain their dream home. Part 1 topics include:
  • The importance of a written contract, plans and specifications, and change orders
  • The applicable laws and statutes that are designed to help your client;
  • The restrictions and limitations in recorded documents; and
  • The various insurance coverage you should require of contractors, including commercial liability insurance, builder’s risk insurance, and worker’s compensation insurance.

Program Coordinator/Moderator:
Stanley N. Wasser , Feldman Wasser, Springfield

The Importance of the Written Contract, Written Plans and Specifications, and Written Change Orders
Join us for an in-depth discussion of why having good paper trail will always help your client protect their construction interests. Topics include the importance of written contracts, why having construction plans and specification in writing helps makes sure all involved parties understand the expectations, and when to make sure change orders are submitted in writing.
Howard W. Feldman, Feldman Wasser, Springfield
Mark B. Grzymala , Grzymala Law Offices, P.C., Skokie

Applicable Laws
This presentation examines the applicable laws that are designed to help your client, including the Home Repair Fraud Act, Home Repair and Remodeling Act, Consumer Fraud and Deceptive Practices Act, Illinois Commercial Code, Illinois Plumbing Code, and Illinois Residential Building Code Act. Permitting ordinances and restrictions/limitations in recorded documents are also discussed.
David T. Arena, Arena Law Office, LLC, Park Ridge
Cornelius F. Riordan , Hahn Loeser, Chicago

Having a Legitimate, Insured, and Licensed Contractor
Choosing an insured and licensed contractor is important to the overall financial safety of your client’s construction project. This segment examines various insurance options to be aware (as well as what each type covers), including commercial liability insurance, builder’s risk insurance, and workers’ compensation insurance.
Justin L. Weisberg, Robbins, DiMonte, Ltd. Chicago
Stanley N. Wasser, Feldman Wasser, Springfield


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $78.75 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $157.50
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

2024 Immigration Law Update: Effectively Representing Immigration Clients and Analyzing Immigration Matters in a Volatile World

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA International & Immigration Law Section
Co-sponsored by the ISBA Labor & Employment Law Section, ISBA Education Law Section, ISBA Sports & Entertainment Law Section,
ISBA Business Advice & Financial Planning Section, and ISBA Construction Law Section


1.0 hour MCLE credit


Original Program Date: Tuesday, January 16, 2024
Accreditation Expiration Date: January 29, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Immigration law intersects with a number of legal practices, including education law, construction law, employment law, business law, and much more. Don’t miss this online program that gives you the updates you need to better represent your immigration clients on the variety of issues they may face. Attorneys with intermediate practice experience who attend this seminar will better understand:
  • How to intake new clients and analyze the immigration matters they face;
  • The geopolitical developments impacting the benefits available to immigrants, including humanitarian relief;
  • The recent developments in the law that are impacting employment-based immigration, family-based immigration, asylum, removal defense, and citizenship;
  • The 2023 developments in immigration law that you need to be aware of;
  • How the current domestic political landscape has impacted immigration law; and
  • The non-immigrant and immigrant visa options for athletes, artists, and entertainers.

Program Coordinator/Chat Moderator:
Angela Peters, Buffalo Grove Law Offices, Arlington Heights

Program Speakers:
William B. Schiller , Hinshaw & Culbertson LLP, Chicago
Ian D. Wagreich, Hinshaw & Culbertson LLP, Chicago


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $35 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $70
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Real Estate Law Update 2023 - Part 2

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Real Estate Law Update 2023- Part 2
Presented by the ISBA Real Estate Law Section


3.0 hours MCLE credit


Original Program Date: November 17, 2023
Accreditation Expiration Date: January 18, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Join us for part two of this full day seminar that expands your knowledge regarding development agreements, commercial leasing, and environmental considerations in commercial transactions. Attorneys with all levels of practice experience will benefit from these updates and best practice tips regarding commercial transactions.


Program Coordinator/Moderator:
Laura L. Lundsgaard, Laura L Lundsgaard Attorney & Counselor At Law, Inverness


Development Agreements: How Big Projects Get Built
This presentation provides insight into how to structure real estate development projects through use of two different types of development agreements. One, community development agreements between a municipality and a project developer for use of public money to fund private development – so called ”public/private partnerships”; and, two, project development agreements between a developer and its investors to fund the equity component of a development project (while keeping a focus on satisfying the project lender).
R. Kymn Harp, Robbins DiMonte Ltd., Chicago

Commercial Title and Endorsements
Don’t miss this in-depth look at commercial title insurance policies and how they differ from residential policies, common commercial policy endorsements, title clearance, and best practice tips.
Ted M. Niemann, Schmiedeskamp Robertson Neu & Mitchell, LLP, Quincy
Tiffany Gorman Thompson, Fidelity National Title Company, Joliet

Environmental Consideration in Commercial Real Estate Transactions
This segment discusses contract clauses, including representations, warranties, indemnities, releases, covenants not to sue, “as is” transactions, pre- and post-closing covenants, escrows, due diligence, and qualifying as an innocent purchaser or a bona fide prospective purchaser under state and federal law.
William J. Anaya, Greensfelder Hemker & Gale P.C., Chicago


Pricing Information
  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $105 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $210
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free

Real Estate Law Update 2023 - Part 1

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Real Estate Law Update 2023- Part 1
Presented by the ISBA Real Estate Law Section


2.75 hours MCLE credit


Original Program Date: November 17, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­January 18, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Join us for part one of this full day seminar that examines recent case law updates and legislative changes from the past year. Learn more about builder’s new construction contracts, commercial title insurance policies and endorsements, and ALTA surveys.


Program Coordinator/Moderator:
Laura L. Lundsgaard, Laura L Lundsgaard Attorney & Counselor At Law, Inverness

Welcome
Laura L. Lundsgaard, Laura L Lundsgaard Attorney & Counselor At Law, Inverness

Case Law Update
Get the updates you need on the most recent case law affecting real estate, as well as best practice tips and advice from our speakers.
Gary S. Mueller, Gary S. Mueller & Associates Ltd. Joliet, IL

Legislative Update
Learn about real estate-related legislation that has passed during the 2022-2023 session.
Bruno W. Tabis, Huck Bouma P.C., Wheaton

Builder/Construction Contract Overview
Join us for a review of an example builder’s contract. Learn about some differences that might be found in a builder’s contract as compared to a standard real estate transaction, special issues to consider whether you are representing the builder or the buyer, as well as provisions to be look out for that may cause concern.
Bob Floss II, Floss Law, Northbrook

Commercial Leasing
This segment provides a primer on different types of leases, including ground leases, office leases, and retail leases, provide a close look at triple net leases, and discusses the red flags that every practitioner should be aware.
Emily R. Vivian, Ehrmann Gehlbach Badger & Considine LLC, Dixon
Jillian M. Clark, Byron Carlson Petri & Kalb LLC, Edwardsville

ALTA Surveys
Learn about current ALTA Survey requirements, how ALTA surveys should be utilized in purchasing and/or developing commercial real estate, and how ALTA surveys may be used to obtain extended coverage.
Ted M. Niemann, Schmiedeskamp Robertson Neu & Mitchell, LLP, Quincy
Tiffany Gorman Thompson, Fidelity National Title Company, Joliet

Pricing Information
  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $96.25 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $192.50
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free

H-2A & H-2B Temporary Work Visa Conundrums

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA International & Immigration Law Section
Co-sponsored by the ISBA Diversity Leadership Council, ISBA Agricultural Law Section, ISBA Labor and Employment Law Section, ISBA Construction Law Section, and ISBA Food Law Section


1.0 hour MCLE credit


Original Program Date: Thursday, December 14, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­January 11, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Get the information you need regarding temporary work visas, as well as the issues your client’s need to consider, with this online seminar. Immigration lawyers, agricultural law attorneys, labor and employment practitioners, and construction law lawyers with basic to intermediate practice experience who attend this program will better understand:
  • How to obtain an Agricultural Clearance Order;
  • The housing, recruitment, and seasonal considerations of temporary labor certifications;
  • The process for submitting an I-129;
  • Prevailing wage determination and how timing can impact it;
  • How to file a PERM application with the Department of Labor;
  • Form I-140;
  • Why H-2B visas are needed for construction workers from overseas (as well as other temporary workers used in a construction setting); and
  • Much more.

Program Coordinator:
Angela Peters, Buffalo Grove Law Offices, Arlington Heights

Program Moderator:
Carlos Cisneros Vilchis, Assistant General Counsel, U.S. Conference of Catholic Bishops, Washington, D.C.

Program Speakers:
Ally Bolour, Bolour/Carl Immigration Group, APC, California
Alexander Carl, Bolour/Carl Immigration Group, APC, California


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $35 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $70
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free