Gus Sara | Subrogation Strategist In Bain v. Airoom, LLC, No. 1-21-001, 2022 Ill. App. LEXIS 241, the Appellate Court of Illinois (Appellate Court) considered whether the lower court erred in enforcing an arbitration clause in a construction contract between the parties and, as a result, dismissing the plaintiff’s lawsuit. The Appellate Court found that even… Continue reading In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable
Colorado Defective Construction is Not Considered “Property Damage”
Saxe Doernberger & Vita In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The… Continue reading Colorado Defective Construction is Not Considered “Property Damage”
Municipal Ordinances Create Additional Opportunities for the Defense of Construction Defect Claims in Colorado
Ricky Nolen | Higgins, Hopkins, McLain & Roswell Municipal ordinances may provide additional defenses for construction professionals where state law does not provide sufficient protection for Colorado’s builders. Colorado state law can be a minefield of potential liability for construction professionals. Even though the state legislature has stated that it must “recognize that Construction defect… Continue reading Municipal Ordinances Create Additional Opportunities for the Defense of Construction Defect Claims in Colorado
Strategic Measures for Material Price Escalation
David J. Hyun and Hal G. Block | Atkinson Andelson Loya Ruud & Romo Increased costs for construction materials and equipment are impacting construction projects throughout the nation. Construction contracts often do not address material price escalation which creates risks for contractors, subcontractors, and suppliers. Therefore, it is important to understand how to protect against… Continue reading Strategic Measures for Material Price Escalation
10 Tips to Improve Construction Site Project Communications
Patrick Johnson and Richard Reizen | Gould & Ratner In the iconic scene from the classic movie Cool Hand Luke, the role played by character actor Strother Martin famously complains to the character played by Paul Newman: “What we’ve got here, is failure to communicate.” Just like the consequences faced by Newman’s character for that failure,… Continue reading 10 Tips to Improve Construction Site Project Communications