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Keeping You Informed

WHICH DOCUMENTS CAN AN ILLINOIS ARCHITECT SIGN AND SEAL?

By: Jim Zahn, Of Counsel The answer to the above question is found in the following two complex statutes governing the practice of architecture in Illinois.  They are as follows: The Illinois Architecture Practice Act of 1989, 225 Illinois Compiled Statutes, 305/1 – 305/40, Inclusive (Current through Public Act 96-060), commonly referred to as the “Act”. Title 68: Professions and Occupations,…

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SUPREME COURT CLARIFIES RESTATEMENT SECOND 414 RETAINED CONTROL CLAIMS FROM VICARIOUS LIABILITY CLAIMS

By: Geoff Bryce, Capital Member Patrick Joseph Carney v. Union Pacific Railroad Company, 2016 Ill. 118984, 77 N.E. 3rd 1 (2017) has flown under the radar.  This case significantly clarifies what most additional insured endorsements will cover in a work site accident case.  Most additional insured endorsements cover various liability claims but not direct negligence claims.  Carney holds there is a…

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COURT EXPANDS POTENTIAL INSURANCE COVERAGE FOR CONSTRUCTION DEFECTS

By: Tina Paries, Income Member In Illinois, courts look at the allegations of a complaint and language of an insurance policy to determine whether the potential for coverage exists.  If it does, then an insurer has a duty to defend its insured against those allegations. One area where the courts have been consistent is where property damage is caused by defective…

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EMPLOYEE DECLINED VACCINATIONS AND RELIGIOUS BELIEFS: EMPLOYER OBLIGATION TO ACCOMMODATE

By: Storrs Downey We have previously written an article on religious accommodations,“Religious Accommodations In The Workplace: Practical Lessons,” DRI’s In-House Defense Quarterly Magazine, Summer 2016, and continue to keep a close eye on how the courts are addressing religious protections within the context of the employment setting. In 2016 Mission Hospital, Inc., a North Carolina corporation, was sued by the…

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COOK COUNTY AND CHICAGO MINIMUM WAGE INCREASES

By: Jessica B. Jackler On July 1, 2017, Cook County’s minimum wage increased to $10.00 per hour for non-tipped employees and $4.95 for tipped employees. Chicago’s new minimum wage increased to $11.00 per hour for non-tipped and $6.10 for tipped employees. All employers that maintain a business facility within the geographic boundaries of Chicago and/or are subject to one or…

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CAN A STATUTORY LIMITATIONS PERIOD BE SHORTENED BY CONTRACT?

By: Werner Sabo, Of Counsel A recent New York decision has answered this question in the affirmative. Parties can, by contract, shorten the time period found in a statute of limitations for filing suit. The case is Polar Bear Mechanical, Inc. v. Walison Corp., 2017 N.Y Slip Op. 50848(U) (June 22, 2017). A statute of limitations is a law that sets…

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Employees are Giving Companies “the Finger” Over Use of Biometrics

By: Jessica Jackler, Associate You may have heard about biometrics in the news lately involving certain tech giants like Google, Facebook, and Snapchat. Biometrics are unique physical characteristics, such as fingerprints, that can be used for automated recognition. Although more commonly recognized in the consumer context, the use of biometrics in the workplace is now leading to lawsuits against major…

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INDIANA EMPLOYERS MAY ASK APPLICANTS ABOUT THEIR CRIMINAL HISTORY

By: Maital Savin, Associate On 7/1/17, Indiana enacted Senate Enrolled Act 312, which prohibits the state and municipalities from enacting laws or ordinances that restrict employers from asking job applicants about their criminal histories. Indiana is the first state in the nation to pass such a law. In fact, for the past decade, in many states and municipalities across the…

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THE DIFFERENCE BETWEEN ARCHITECT-LED & CONTRACTOR-LED DESIGN-BUILD

By: Jim Zahn, Of Counsel Architects and Contractors are becoming increasingly interested in providing design-build services to their clients. The design-build process of project delivery differs significantly from the design, bid, build process previously used for many decades, and still commonly used today that has been used for many decades. Before providing any design-build services, architects and contractors should be…

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How Courts are Interpreting Architect Claims under DMCA

By: Werner Sabo, Of Counsel The Digital Millennium Copyright Act (DMCA), 17 U.S.C. Chapter 12, was enacted into law in 1998 and has in recent years, been used by architects as an additional claim in copyright infringement actions. If an architect believes their design has been copied, they can file an action in federal court against the parties that potentially…

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