By: Geoff Bryce, Managing Partner Empress Casino Joliet Corp. v. W.E. O’Neil Construction, et al; 2016 Ill.App (1st) 151166 and 151184, November 16, 2016 This case demonstrates that regardless of whether you are building something new or making a substantial remodel of an existing building, builder’s risk insurance is an […]

By: Tina Paries, Income Member A major concern of any general contractor on a project is whether its subcontractors will perform their work adequately and in a timely manner. In the past, general contractors relied on performance bonds to protect themselves in the event a subcontractor defaulted on its obligations. […]

By: Jim Zahn, Of Counsel All Illinois architects, professional engineers, and structural engineers who practice within the state of Illinois as a business entity, rather than under their individual name, must apply for “Design Firm Registration.” All individual and professional design firm registration licenses are issued for a two-year period. […]

By: Werner Sabo, Of Counsel A recent Illinois Appellate Court opinion, Sandlin v. Harrah’s Illinois Corp, 2016 IL App (3d) 150018 (Ill.App. 3d Dist., Sept. 2, 2016), addressed an indemnification provision contained in a contract between an owner and architect. The architect was hired in 1999 to design a hotel […]

By: Robert Bramlette, Income Member 10 issues sellers should remember when negotiating a contract to sell a commercial building are: Qualified Buyer: Make certain that the broker is only bringing you “qualified” buyers. You don’t want to waste time and expense negotiating with buyers who can’t get a mortgage. Earnest Money: Ask for […]

By: Geoff Bryce, Managing Partner 933 Van Buren Condominium Association vs. West Van Buren, LLC, et al, 216 Il.App. (1st) 143490, held that a roofing subcontractor was required to defend a real estate developer for claims asserted by the condominium association against the developer for defective roof construction and subsequent […]

By: Tina Paries, Income Member Earlier this year, we wrote about a trial judge in Cook County who held that a statutory amendment limiting juries to 6 people was unconstitutional. As expected, the Illinois Supreme Court recently weighed in on the issue and affirmed the decision. Similar to the trial judge, the […]

By: Juan Anderson, Income Member Plaintiff is taking the deposition of the General Contractor in a construction negligence case. Counsel asks the GC, “Did you instruct your carpentry subcontractor on how to build the ladder for access to the roof level?” On its face, it appears to be a very benign […]

By: Jim Zahn, Of Counsel Most states require completion of legislated continuing education before a design professional can renew his or her license to practice. Architects and Professional Engineers must be aware of the dates their licenses will expire in order to complete their continuing education requirements before that date. […]

By: Werner Sabo, Of Counsel When a subcontractor in Illinois files a mechanics lien, does the owner have the right to withhold payment to that lien claimant if the work was properly performed? What if the lien includes “extras” for which the lien claimant is not entitled? In Roy Zenere […]