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 […]

By: Jeanne Hoffmann, Capital Member In Sienna Court Condo. Association v. Champion Aluminum Corp., 2017 IL App (1st) 143364, Illinois’ First District Appellate Court declined to extend the Minton rule to materials suppliers and design professionals, or to curtail its application to other subcontractors involved in construction. Generally, home buyers seeking […]

By:  Bob Bramlette, Income Member Our state still can’t pass a budget! Illinois universities, high schools and grade schools continue to receive less funding from Springfield. The unfunded pension obligation for Chicago Public School teachers is astronomical. As a result, local school taxing bodies are forced to request more from […]

By:  Werner Sabo, Of Counsel In late April 2017, the AIA released new versions of its flagship documents, including several owner-architect agreements. This article will examine a few of the more important revisions. A prior article dealt with a revision to the percentage-based fee provision, so that will not be […]

By:  Joe Eichberger, Income Member This is a brief review of the enforceability of assumption of risk agreements in Illinois and their impact on the amusement ride/waterpark industry. This review is limited to express or written assumption of risk agreements. Typically a patron, as a precondition to entry upon the […]

By: Geoff Bryce, Capital Member On Feb. 17, the Illinois Appellate Court issued an important ruling regarding the implied warranty of habitability. Sienna Court Condominium Ass ‘n v. Champion Aluminum Corp., 2017 IL App (1st) 143364. The court confirmed that the implied warranty of habitability does not extend to design […]