By: Samuel Levine Several bills affecting the construction and real estate industries have passed the Illinois General Assembly and now await Gov. Rauner’s signature. The governor has almost until the end of August to sign, veto or exercise an amendatory veto, recommending changes. CONTRACTOR PROMPT PAYMENT ACT – SB 3052 […]

By: Margery Newman Introduction to Pass-Through and Liquidating Agreements The Pass-Through Claim As is typically the case in the construction context, the project owner—whether a governmental entity or simply a private property owner—enters into a contract with the prime contractor, who is then responsible for the overall coordination of the […]

By: Werner Sabo   In this short note, we examine two recent copyright cases. The first (First World Architects Studio v. McGhee, 2018 WL 2727912 (Ct. App. Ohio, June 6, 2018)) is not actually a copyright case, but rather a case filed in state court alleging that the defendant sought […]

By: Geoffrey Bryce As we all know in William Shakespeare’s Henry VI, Part 2, Act IV, Scene 2 Dick The Butcher said “The first thing we do, let’s kill all the lawyers”. Was he a visionary? I doubt he could have imagined modern weapons which could cause a physical death, […]

By: Werner Sabo A recent Delaware case shows the importance of complying with professional licensing requirements. In Schultz v. Del. Bd. of Architects, 2018 Del. Super. LEXIS 83 (Feb. 16, 2018), the state’s rules for architects included a requirement at the time that each architect complete 12 hours of continuing […]

By: Tina Paries Most contractors have faced the problem of not getting paid on a project. One remedy for that problem is to assert a mechanics lien claim. Illinois has its own Mechanics Lien Act – 770 ILCS 60/1 – which sets forth the requirements for asserting such liens and […]

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 […]