Category Construction & Commercial Blog

Keeping You Informed

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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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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I’m Going To Buy A Business!

By: Bob Bramlette, Income Member Entrepreneurs want to purchase a business for many reasons: increase revenues, acquire a new product or service line to compliment current operations, enter a new market, acquire intellectual property, acquire talent…the list is endless. One important question to ask is “how much should I pay?” Businesses are valued in many ways. Book Value. How much…

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Waiver Of Subrogation In Construction Contracts

By: Werner Sabo, Of Counsel In a recent article, Who Needs Builder’s Risk Insurance, Geoff Bryce wrote about a recent Illinois case with large damages. This article will expand on the case, with an emphasis on the AIA form documents. A welder working at a construction site started a fire. He was welding new ductwork to existing ductwork in the…

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Amusement Rides: Common Carrier Status

By: Joseph Eichberger, Income Member The amusement ride industry has been in the news of late because of injuries to children on amusement rides. In Illinois, common law, not statutory law controls the duty owed to a patron by an owner/operator. A finding of common carrier status for an amusement ride means that the owner/operator owes the highest duty of…

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Employers: Are You Ready For OSHA’s New Respirable Crystalline Silica Standard?

By: Maital Savin, Associate OSHA recently issued a final rule on crystalline silica exposure. (§1926.1153). Beginning in June 2017 for the construction industry and June 2018 for the maritime and general industry, employers that engage in silica generating applications, such as cutting, grinding, drilling or breaking concrete and/or masonry, must fully comply with the new standard and have a written…

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Vacating An Arbitrator’s Award – Recent Caselaw

By: Wener Sabo, Of Counsel Arbitration awards are overturned by the courts only on very rare occasions. This is particularly true in construction cases where the parties use the American Institute of Architects (AIA) standard forms which contain a “broad form” arbitration clause. A recent decision by the Rhode Island Supreme Court , Nappa Const. Mgmt., LLC v. Flynn, 2017…

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