Power in Collaboration®
If you are engaged in construction either as a general contractor or subcontractor and enter a contract to do work, the contract is going to provide that certain plans and specifications are to be followed. These plans and specifications are usually referred to as the “Contract Documents” along with other documents such as general conditions,… Read more »
Those of you who have had me work with you to review and revise your form contracts whether you are a general or sub know that I recommend you include a provision for recovery of interest and attorney’s fees if there is a dispute with your customer. You can have a contract clause that provides… Read more »
Over the past two years the construction industry has been hit hard by the downturn in the economy. When I talk with my construction clients, I hear the same complaint. Either there is no work and if there is work it is going so “cheap” many of you do not believe it is worth pursuing…. Read more »
Shortening a Contract’s Limitations Period If you have entered into a contract with an owner or a subcontractor for construction work there is usually a provision that states the general contractor or subcontractor warrants its work for one year from the time the job is complete. However, in Illinois the statute of limitations for bringing… Read more »
If you are an architect or engineer and do work for a construction or land development project that does not go forward and your client fails to pay, do you have a mechanics lien that can be enforced to secure payment? In my opinion, the answer is yes but some Illinois Appellate Courts have a… Read more »
Let’s assume you are running a job and an I-beam you are installing fails and falls to the ground and several of your men are injured. You are informed of the accident and immediately go out to the jobsite to inspect. You take pictures of the site and the I-beam. The public agency that has… Read more »
Subcontractor Contract Review I am often asked to review subcontract agreements between those of you who are subcontractors and the general contractor you are going to work for. In a project like this I advise my clients that I will take a practical approach to the contract review. I don’t nitpick the contract. If I… Read more »
Last year the Illinois Supreme Court issued a decision that is causing a great deal of discussion in the construction industry and legislation has now been introduced to overturn the Court’s decision. The Supreme Court’s opinion was issued in the case of LaSalle Bank, N.A. vs Cypress Creek 1, LP. What was at issue was… Read more »
While I am not a labor lawyer per se, since I represent general contractors and subcontractors I sometimes get involved with a union issue. With the downturn in the economy and its devastating effect on the construction and development industries causing many contractors to fail, unions are hurting and their pension and health and welfare… Read more »
If you are asked to give a waiver either by an owner or a general contractor before payment is received there are consequences that you need to be aware of. Most likely the form waiver will state the amount you are receiving and recite that you acknowledge receipt of the same. This is true for… Read more »