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Construction One-Minute Read: Illinois Restricts Retainage on Private Construction Projects

Every private construction project in Illinois will be affected by a new law, effective immediately. The Contractor Prompt Payment Act (815 ILCS 603/1, et seq.) was amended to restrict the use of retainage on construction...more

Homebuyers’ Implied Warranty of Habitability Suit Against Subcontractors Is Frozen out by Illinois Supreme Court

Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association...more

Construction One-Minute Read: “OH No!” Buckeye State’s Supreme Court Nixes Insurance for Subcontractors’ Defective Work

In an opinion released on October 9, 2018, the Supreme Court of Ohio held that a general contractor’s commercial general liability insurance did not cover the defective work of either that contractor or its subcontractors....more

Illinois Governor Vetoes Retainage Reform Bill

Illinois Governor Bruce Rauner vetoed Senate Bill 3052, commonly known as the retainage reform bill, on August 24, 2018. This bill was drafted and supported by the subcontractors lobby, was only lukewarmly embraced by the...more

Say What You Need to Say: Supreme Court Clears Path for Implied Certification Theory of Liability Under False Claims Act

Most government contractors in the construction industry are well aware that by providing goods or services to government-funded construction projects, they are potentially subject to liability under the False Claims Act....more

Construction One-Minute Read: 4 Legal Issues With Building Information Modeling

Building Information Modeling (BIM) is changing the way construction projects are delivered. BIM is a process for creating and using three-dimensional electronic models to represent the physical characteristics of...more

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