News & Resources

Category: Construction & Commercial Blog

Jun 13, 2019

Illinois Courts Expand Insurer’s Duty to Defend Subcontractor’s Poor Workmanship

By: Samuel Levine An intensely litigated area of construction law revolves around insurance. When is a complaint sufficient to trigger a duty to defend? What constitutes an occurrence? When can an insured recover for property damage caused by an occurrence? These questions are further complicated by different courts’ interpretations among […]

Feb 12, 2019

Ohio Owners Vulnerable to Subcontractor’s Defective Work

By: Geoffrey Bryce In October 2018, the Ohio Supreme Court finally determined whether a subcontractor’s defective work could be considered an “occurrence” for triggering coverage under an upstream contractor’s CGL policy. In Ohio Northern University v. Charles Construction Services (2018-Ohio-4057, 2018 Ohio LEXIS 2375, 2018 WL 4926159), the court ruled […]

Jan 25, 2019

Custom Arbitration Language in Construction Contracts

By: Werner Sabo Most construction contracts include dispute resolution provisions, including situations where the parties decide not to use industry-standard agreements. Using custom language in such provisions poses real danger, including potential litigation regarding the meaning of the contract. Below are two recent cases that illustrate this danger. 1.    Did the […]

Nov 1, 2018

The Importance of Making Sure Arbitration Provisions are Unambiguous

By: Jennifer Cromheecke and Werner Sabo Two recent cases underscore the importance of ensuring that contractual dispute-resolution provisions are clear, unambiguous, and reflective of the parties’ intentions. In Matrix North American Construction, Inc. v. SNC Lavalin Constructors, Inc., Case No.: PWG-17-3763, 2018 WL 3707838 (D.Md. Aug. 2, 2018), a subcontractor […]

Chicago, Illinois 312-377-1501 | Schererville, Indiana 219-488-2590

Chicago, Illinois

312-377-1501


Schererville, Indiana

219-488-2590