Power in Collaboration®
I recently settled a matter for a client about two weeks before a trial was to begin. The case involved construction work at a northwest suburban shopping center. The settlement I obtained was very good. I negotiated a settlement for 100% of the amount owed plus $50,000 of accrued interest. The situation that existed shows… Read more »
When a construction dispute arises, it becomes necessary to decide whether litigation will be pursued or some other alternative dispute resolution mechanism. In some situations this decision was already made at the time the parties entered their contract. If the ALA form documents were used then a mediation/arbitration procedure will most likely have to be… Read more »
In the April and June 2011 editions of this newsletter I addressed the issue of extras and provided the rules the Court’s apply in determining a claim for extra compensation. A recent Illinois Appellate Court decision addressed what I think was a bizarre ruling by a trial court on a claim for extras and overturned… Read more »
On January 1st, 2012, the Illinois Legislature passed the Illinois Residential Real Property Transfer on Death Instrument Act (“Act”). The purpose of the Act is to allow an owner of residential real estate to designate a beneficiary who would receive the residential real estate upon the owner’s death. This transfer was memorialized through a Transfer… Read more »
General Contractor Contract Review In the last issue of this newsletter I provided comments concerning issues that arise when I am asked to review for subcontractor clients a general contractor’s form contract. When doing this work for a general contractor in regard to an owner agreement many of the same issues arise. Provisions that deal… Read more »
In the June 2010 issue of this newsletter I wrote about corporate governance and how important it is to maintain corporate formalities. The reason for doing so is to avoid a claim of “piercing the corporate veil” should your business run into difficulties. The reason you do business as a corporation or limited liability company… Read more »
Good Corporate Governance If you are in business either as a Contractor, Subcontractor or Developer you most likely do so as a Corporation or more recently a Limited Liability Company. The reason for doing so is to insulate yourself from personal liability for the acts and/or omissions of the business. However, merely forming the business… Read more »
In the October issue I addressed the Illinois Supreme Court’s latest decision on the Illinois Home Repair and Remodeling Act. I received a very good question from a client who is an architect but also does general contracting and construction management work. The question was does the Act apply to construction managers as advisors to… Read more »
On public jobs the government entity i.e. IDOT, Village, School District, or Park District is required by law to obtain from the general contractor not only a performance bond but also a payment bond. These requirements are set forth in the Illinois Bond Act. The performance bond protects the government entity and the payment bond… Read more »
I know there is not much residential development occurring these days. However, this segment of the construction industry will come back (HOPEFULLY). There have been some recent developments with the legal concept of the Implied Warranty of Habitability that those of you who do residential work or are developers need to know since it can… Read more »