By: Werner Sabo A recent Illinois decision found in favor of a general contractor where the estate of a deceased construction worker alleged that the general contractor had breached a duty toward the worker and failed to prevent the worker’s death. In Meza v. F.H. Paschen, 2017 IL App (1st) […]

By: Joseph Eichberger A patron of an amusement ride was injured on the ride. The patron sued the owner/operator in negligence on two different theories.  One theory pled that the owner/operator owed the patron the duty of ordinary care. The other theory pled that the owner/operator owed the duty of highest […]

By: Margery Newman Due to a historical unwillingness to utilize minority and female-owned businesses in the construction industry, public bodies in Illinois have instituted diversity programs. These programs are designed to increase the number of minority and female-owned businesses in the construction industry. For ease of reference, both of these […]

By: Bob Bramlette In June, the Federal Reserve increased the prime rate by 0.25%. The Fed also announced that that it will start allowing about $10 billion in Treasury securities and mortgage-backed securities to mature every month, and eventually the amount is expected to increase to $30 billion a month […]

By: Jim Zahn The answer to the above question is found in the following two complex statutes governing the practice of architecture in Illinois.  They are as follows: The Illinois Architecture Practice Act of 1989, 225 Illinois Compiled Statutes, 305/1 – 305/40, Inclusive (Current through Public Act 96-060), commonly referred to […]

By: Geoff Bryce Patrick Joseph Carney v. Union Pacific Railroad Company, 2016 Ill. 118984, 77 N.E. 3rd 1 (2017) has flown under the radar.  This case significantly clarifies what most additional insured endorsements will cover in a work site accident case.  Most additional insured endorsements cover various liability claims but not […]

By: Tina Paries In Illinois, courts look at the allegations of a complaint and language of an insurance policy to determine whether the potential for coverage exists.  If it does, then an insurer has a duty to defend its insured against those allegations. One area where the courts have been consistent […]

By: Werner Sabo, Of Counsel A recent New York decision has answered this question in the affirmative. Parties can, by contract, shorten the time period found in a statute of limitations for filing suit. The case is Polar Bear Mechanical, Inc. v. Walison Corp., 2017 N.Y Slip Op. 50848(U) (June 22, […]

By: Jim Zahn, Of Counsel Architects and Contractors are becoming increasingly interested in providing design-build services to their clients. The design-build process of project delivery differs significantly from the design, bid, build process previously used for many decades, and still commonly used today that has been used for many decades. […]

By: Werner Sabo, Of Counsel The Digital Millennium Copyright Act (DMCA), 17 U.S.C. Chapter 12, was enacted into law in 1998 and has in recent years, been used by architects as an additional claim in copyright infringement actions. If an architect believes their design has been copied, they can file […]