Articles

Keeping You Informed

Assumption of Risk Agreements in the Amusement Industry

By:  Joe Eichberger, Income Member This is a brief review of the enforceability of assumption of risk agreements in Illinois and their impact on the amusement ride/waterpark industry. This review is limited to express or written assumption of risk agreements. Typically a patron, as a precondition to entry upon the premises or upon a ride, agrees to “voluntarily assume all…

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Illinois Appellate Court Issues Important Decision Regarding Implied Warranty of Habitability

By: Geoff Bryce, Capital Member On Feb. 17, the Illinois Appellate Court issued an important ruling regarding the implied warranty of habitability. Sienna Court Condominium Ass ‘n v. Champion Aluminum Corp., 2017 IL App (1st) 143364. The court confirmed that the implied warranty of habitability does not extend to design professionals or material suppliers who are not involved in construction.…

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7th Circuit Affirms Dismissal of ADA Case

Dear Colleague: Last month, the 7th Circuit affirmed the US. District Court’s decision, which granted our Motion for Summary Judgment and resulted in the dismissal of the entirety of an ADA suit against our client, a Chicago hotel. Plaintiff was terminated after being caught on video sleeping in the hotel lobby while a fight broke out among hotel guests. Nevertheless,…

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Online Collaboration Platforms: Bringing The Business of Construction into the 21st Century

By: Juan Anderson, Income Member While technology has vastly improved the means and methods of construction, the business of the industry remains trapped deep in the previous century. With owners, general contractors, and subcontractors mired in paperwork and manual processing, an efficient, accessible, and accurate solution is now taking hold. The answer may lie in new software solutions involving online…

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Indiana Supreme Court Holds Contract Between Owner And General Contractor Created Duty To Injured Employee Of A Sub-Subcontractor

By: Jeff Kehl, Income Member. On April 26, 2017, the Indiana Supreme Court held that a general contractor could be held liable for injuries sustained by an employee of a sub-subcontractor under the general contractor’s contract with a property owner. In Ryan v. TCI Architects, 49 S02-1704-CT-253 (April 26, 2017), TCI Architects had contracted with Gander Mountain to remodel a…

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Architect’s Compensation Based On A Percentage Basis: The New AIA Documents

By: Werner Sabo, Of Counsel In late April 2017, the AIA released new versions of its flagship documents, including several owner-architect agreements. One provision found in the new 2017 version of various owner-architect agreements (such as B101 and B103) defines how the architect is to be paid when the fee is based on a percentage, as opposed to a flat…

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NCARB Press Release Of April 26, 2017

By: Jim Zahn, Of Counsel The National Council of Architectural Registration Boards, NCARB, is comprised of architectural registration boards of all fifty states, as well as those of the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands.  NCARB assists the member boards in carrying out their duties and provides a certification program for individual architects.  NCARB has…

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Arbitration: The Consequences Of A Party’s Refusal To Cooperate

By: Werner Sabo, Of Counsel Many contracts contain a dispute resolution provision that provides that, in the event of a dispute among the parties, that dispute will be resolved by arbitration and not litigation. There are a number of reasons to use this procedure. One is the relative speed of the process. A court proceeding can often take years to…

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Sexual Harassment Claims: Top Stories

By: Maital Savin, Associate Although most employers understand that sexual harassment is prohibited at work, such claims continue unabated–even in 2017. A few recent headlines provide good reminders of why employers should continue to take action to prevent sexual harassment from occurring in their own workplaces. First, an Illinois federal jury awarded $6.45 million to two women who were fired…

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7th Circuit Issues Groundbreaking Decision Holding That Sexual Orientation Is Protected Under Title VII

By: Maital Savin, Associate On 4/4/17, in Hively v. Ivy Tech Comm. College, No. 15-1720 (7th Cir. Apr. 4, 2017) (en banc),  the 7th Circuit Court of Appeals issued a significant opinion, holding that sexual orientation discrimination is a type of sex discrimination prohibited under Title VII. In Hively, a part-time adjunct professor alleged that her former employer repeatedly denied…

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