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Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers

On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors...more

Illinois’s Workers’ Compensation Rule Update: Court Halts Enforcement of New Rule That Presumes COVID-19 Infections Are...

On April 27, 2020, the Illinois Workers; Compensation Commission rescinded its emergency rule that had expanded the presumption of work relatedness for COVID-19 infections to all businesses that are deemed to be critical...more

Court Halts Enforcement of Illinois’s New Workers’ Compensation Rule That Presumes COVID-19 Infections Are Work-Related

On April 13, 2020, the Illinois Workers’ Compensation Commission established an emergency rule amending the Illinois Administrative Code for workers’ compensation hearings that creates a rebuttable evidentiary presumption for...more

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

Construction One-Minute Read: The Unbearable Lightness of Being an Additional Insured

The “additional insured” provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can and should demand your full attention, but...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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