News & Resources

Category: Construction & Commercial Blog

Feb 12, 2016

Enforceability Of Class Action Waiver Provisions In Consumer Contracts

By: Mollie O’Brien, Associate Many consumer contracts contain arbitration provisions. Two recent U.S. Supreme Court cases decisions agreed that if an arbitration agreement contains a class action waiver, it will be enforced. Enforcing a class action waiver depends on whether state or federal laws govern an arbitration agreement. Under the […]

Feb 5, 2016

Condominiums – Collection of Past-Due Assessments Following Foreclosure

By: Jeanne Hoffmann, Capital Member The Illinois Condominium Property ACT (“ICPA”) Section 605/9(g)(1), provides condominium associations with a lien on condominium unit/property for unpaid assessments for common expenses, any fines, interest, late charges and reasonable attorney fees and costs for collection. However, if the condominium unit is foreclosed or sold […]

Jan 11, 2016

Kotecki Cap Waivers In Construction Contracts

By: Mollie O’Brien, Associate Under the Kotecki case, employers are generally not liable to a general contractor sued by its employee in contribution for amounts exceeding workers’ compensation benefits. In the context of actions associated with injuries sustained by employees, employers ultimately should revisit their contracts to determine whether this […]

Dec 21, 2015

6 Things To Know About Fighting Your Property Tax Increase

By: Robert Bramlette, Income Member Chicago, surrounding suburbs and school districts are in difficult financial positions due to outstanding pension obligations and reductions in funding from the state of Illinois. As a result, each of these taxing bodies is increasing the amount received from property owners.   1. Three components […]

Dec 14, 2015

Contractor Compliance With Specifications As A Defense To Breach Of Contract Claims

By: Juan Anderson, Income Member “We followed the plans and specifications provided by the owner and the deck collapsed. Why are we being sued?” – General Contractor In a typical breach of contract claim against the general contractor by the owner, the general contractor has a defense to the owner’s […]

Dec 14, 2015

Commercial Borrowers In Illinois Must Be Aware Of The Broad Scope Of The Illinois Credit Agreements Act

By: Jim McConkey, Of Counsel Construction and other commercial borrowers in Illinois are well advised to take note of the Illinois Credit Agreements Act (ICAA) in their dealings with lenders. Simply put, unless a credit agreement between a bank and a commercial borrower is in writing and otherwise meets the […]

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