By: Werner Sabo, Of Counsel In a recent article, Who Needs Builder’s Risk Insurance, Geoff Bryce wrote about a recent Illinois case with large damages. This article will expand on the case, with an emphasis on the AIA form documents. A welder working at a construction site started a fire. […]

By: Joseph Eichberger, Income Member The amusement ride industry has been in the news of late because of injuries to children on amusement rides. In Illinois, common law, not statutory law controls the duty owed to a patron by an owner/operator. A finding of common carrier status for an amusement […]

By: Maital Savin, Associate OSHA recently issued a final rule on crystalline silica exposure. (§1926.1153). Beginning in June 2017 for the construction industry and June 2018 for the maritime and general industry, employers that engage in silica generating applications, such as cutting, grinding, drilling or breaking concrete and/or masonry, must […]

By: Wener Sabo, Of Counsel Arbitration awards are overturned by the courts only on very rare occasions. This is particularly true in construction cases where the parties use the American Institute of Architects (AIA) standard forms which contain a “broad form” arbitration clause. A recent decision by the Rhode Island […]

By: Jim Zahn, Of Counsel Every business owner should be concerned about eventual ownership transition. This is especially true for architects planning to retire in the near future. Too often, the architect will fail to plan for eventual retirement and will not think about the sale or ownership transfer of […]

By: Juan Anderson, Income Member In many respects, the design profession is no different than most other construction-­related industries. For example, the computer revolution has had a significant impact on the way in which design services are rendered and delivered. As computer-aided design (CAD) software becomes more advanced, more and […]

By: Jeanne Hoffmann, Capital Member The Illinois Construction Contract Indemnification for Negligence Act (Anti–Indemnification Act) (740 ILCS 35/0.01 et seq. (West 2000), essentially voids any agreement in a construction contract to indemnify or hold harmless a person from that person’s own negligence. The statute on its face clearly applies “with respect to […]

By: Jim McConkey, Special Counsel Contractors sued in personal injury litigation are certainly aware of their responsibility to honor workers’ compensation liens, particularly where the workers’ compensation carrier has intervened in the lawsuit in which the contractor is a defendant. They should give the same deference to liens served under […]

By: Robert Bramlette, Income Member The Declaration sets the rules that owners must abide by. These rules include establishment of monthly maintenance amounts, limitations on animals and pets in a unit, parking restrictions, rental of units, Annual Meeting, election of a Board of Directors and other issues associated with condominium life. […]

By: Werner Sabo; Of Counsel If a worker is injured and receives benefits under the Illinois Workers’ Compensation Act, the liability of the injured worker to other parties is limited to the amount of the workers’ compensation benefits it had paid to the employee. This is known as the Kotecki […]