Building Knowledge

The newsletter of the ISBA’s Section on Construction Law

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2014 Articles

Adjacent property mechanics liens By Ken Cripe March 2014 A summary of the recent case of Lake County Grading Co. LLC v. Antioch.
The aftermath of Cypress Creek—How newly-enacted HB 3636 affects commercial mortgage lenders By Thomas M. Lombardo January 2014 A real-world example of exactly how the recent changes to the Mechanics Lien Act affect a commercial real estate foreclosure with post-mortgage mechanics liens.
The “construction exemption” for contractor unfunded pension withdrawal liability By Stanley N. Wasser October 2014 A look at some of the basic concepts that must be understood for advising construction contractor clients whether the “construction exemption” will protect their client from unfunded pension withdrawal liability.
Contractor’s material breach of construction contract dooms mechanics’ lien and breach of contract claims By Paul B. Porvaznik September 2014 In Kasinecz v. Duffy, a contractor suffered a three-pronged defeat in his lawsuit against a homeowner.
Court refuses to enforce liquidated damages clause By Joshua T. Barney June 2014 Recently, in GK Development v. Iowa Malls Financing Corp., the Illinois appellate court struck down a liquidated damages clause as a penalty.
Court stretches to find fabricator owed coverage as an additional insured By Bruce H. Schoumacher September 2014 A summary of Illinois Emcasco Insurance Co. v. Waukegan Steel Sales, Inc.
Editor’s note By Samuel H. Levine September 2014 An introduction to the issue from Editor Samuel Levine.
Editor’s note By Samuel H. Levine June 2014 An introduction to the issue from Editor Samuel Levine.
Editor’s note By Samuel H. Levine March 2014 An introduction to the issue from Editor Samuel Levine.
Editor’s note By Samuel H. Levine January 2014 An introduction to the issue from Editor Samuel Levine.
1 comment (Most recent January 30, 2014)
Editor’s notes By Samuel H. Levine October 2014 A message from Editor Samuel Levine.
Forest Preserve District of Cook County v. Urban Builders, Inc By Sarah Flohr January 2014 In this case the court rejected defendant’s claim for rescission because it waited too long to assert the claim and could have discovered the errors before submitting its bid.
J.S. Riemer v. Village of Orland Hills By Sarah Flohr January 2014 In this case the Village of Orland Hills brought a third-party action against the architect for fraud and breach of contract.
Rationale for statutory mechanics lien release bonds By W. Matthew Bryant October 2014 Although mechanics liens are intended to protect those who provide work and improve the value of real property, the mechanics lien can be used as a method of obtaining leverage for a lien claimant out of proportion to the amount of the lien claim.
Section 34 of the Illinois Mechanics Lien Act By Howard M. Turner June 2014 The Mechanics Lien Act is strictly construed. It can be a trap for the unwary. Extra care should be taken in serving Section 34 notices and in responding to them.
Substantial performance doctrine: Contractor defeats finicky homeowners in construction case By Paul B. Porvaznik September 2014 The case of Wolfe Construction should and will likely give property owners pause before they declare a default and fail to pay a contractor.
Veteran hiring By Margery Newman March 2014 On March 24, 2014 new rules from the Office of Federal Contract Compliance Programs regarding Veteran went into effect. The author discusses the major provisions of the final rule here.
The year in legislation By Samuel H. Levine October 2014 Recent legislation of interest to construction law practitioners.
The year in legislation By Samuel H. Levine June 2014 Legislation proposed and sponsored by the Construction Law Section.