Category Construction & Commercial Blog

Keeping You Informed

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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Illinois Appellate Court Declines to Extend Buyer’s Right to Seek Redress from Material Suppliers and Design Professionals; Follows Precedent for Construction Subcontractors

By: Jeanne Hoffmann, Capital Member In Sienna Court Condo. Association v. Champion Aluminum Corp., 2017 IL App (1st) 143364, Illinois’ First District Appellate Court declined to extend the Minton rule to materials suppliers and design professionals, or to curtail its application to other subcontractors involved in construction. Generally, home buyers seeking redress for construction defects in breach of the implied warranty…

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5 Things To Know About Fighting Your Property Tax Increase

By:  Bob Bramlette, Income Member Our state still can’t pass a budget! Illinois universities, high schools and grade schools continue to receive less funding from Springfield. The unfunded pension obligation for Chicago Public School teachers is astronomical. As a result, local school taxing bodies are forced to request more from property owners. Here are 5 things to know in order…

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First Look: 2017 Changes to AIA Document B101 – The Owner-Architect Agreement

By:  Werner Sabo, Of Counsel In late April 2017, the AIA released new versions of its flagship documents, including several owner-architect agreements. This article will examine a few of the more important revisions. A prior article dealt with a revision to the percentage-based fee provision, so that will not be repeated here. In the 2007 version of the AIA documents,…

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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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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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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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