Building Knowledge

The newsletter of the ISBA’s Section on Construction Law

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2023 Articles

American Steel: First District Decision Allows Subcontractor to Issue Notice to Commence Suit as Court’s Views on Section 34 Continue to Be ‘In Demand’ By Jonathan Safron March 2023 For three consecutive years, the First District Appellate Court has weighed in on 770 ILCS 60/34.
Arbitration and Mediation in Construction Law Cases By Hon. Lisa R. Curcio, (ret.) March 2023 Construction law disputes are good candidates for alternate dispute resolution
Bank Failures and Construction Issues: What Every Construction Contractor Needs to Understand About FDIC Receivership By Craig Penrose May 2023 What every construction contractor needs to know about the authority of the Federal Deposit Insurance Corporation in the bank failure process and a look at the potential effects of the Silicon Valley Bank and Signature Bank failures on the construction process.
CGL Coverage for Liquidated Damages and the Contractual Liability Exclusion By Stuart Richeson December 2023 Courts are split on whether there is ever coverage under a CGL policy for contractually agreed upon liquidated delay damages.
Editor’s Note By Samuel H. Levine December 2023 An introduction to the issue from the editor.
Editor’s Note By Samuel H. Levine August 2023 An introduction to the issue from the editor.
Editor’s Note By Samuel H. Levine May 2023 An introduction to the issue from the editor.
Editor’s Note By Samuel H. Levine March 2023 An introduction to the issue from the editor.
Illinois Appellate Court Rules Pre-Judgment Interest Statute Constitutional By Jeff Kehl August 2023 In June 2023, the appellate court reversed a trial court decision, ruling that the 2021 statutory amendment allowing for pre-judgment interest to be applied in personal injury lawsuits was constitutional.
Illinois Home Repair and Remodeling Act—Requirements for Contractors on Residential Projects By Mark B. Grzymala & Joseph F. Kwiatkowski August 2023 An overview of the Illinois Home Repair and Remodeling Act.
Navigating the Termination for Convenience By Stanley N. Wasser December 2023 Termination for convenience clauses allow an owner to terminate the construction contract for any reason and without fault by the contractor. 
Preserving Mechanic’s Lien Rights During a Construction Arbitration By Adam Whiteman March 2023 If you represent a contractor involved in an arbitration relating to payment issues, don’t forget to take the appropriate steps to perfect your lien.
Symptoms of the Great Resignation: Best Practices for Claims and Litigation With Key Trial Witnesses Who Are Former Employees By Bill Toliopoulos & Mark Noth August 2023 Construction stakeholders and their lawyers must overcome significant hurdles when their key witnesses are former employees. However, by understanding the applicable rules and maintaining well-crafted employee handbooks, employee agreements, and litigation consulting agreements, they can overcome these hurdles and put themselves in the best position to tell a winning story.
What’s Fair Is Fair: Getting Paid When There Is No Contract By Adam Whiteman December 2023 When a client seeks to recover for work performed, but has no underlying contract to show you, all is not necessarily lost.
You Get What You Deserve By Adam Whiteman May 2023 A summary and analysis of Restore Construction Co., Inc. v. The Board of Education of Proviso Township High Schools.