Timothy Carroll and Anthony Miscioscia | White and Williams The construction contract calls for International Building Code-compliant lumber. The insured doesn’t supply that. What the insured does supply gets installed but then ripped out and replaced, causing damage to the surrounding property into which the lumber was integrated. Such circumstances — not uncommon in the… Continue reading Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds
Tag: Illinois
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Marianne Bradley and Anthony Miscioscia | White and Williams LLP On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U,… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois
Paul Walker-Bright | Neal, Gerber & Eisenberg | November 15, 2019 I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting: surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to claims against insurers in Illinois. Allow me… Continue reading Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois
Illinois Appellate Court Requires School Board to Pay for Services Rendered Under an Invalid Construction Contract
Brianne Dunn, Respicio Vazquez and Jackie Wernz | Franczek | November 5, 2019 A recent Illinois Appellate Court case appears to have closed a loophole through which some school districts and other public entities have avoided liability for work performed by construction companies under invalid contracts. Although the Illinois Supreme Court has agreed to review… Continue reading Illinois Appellate Court Requires School Board to Pay for Services Rendered Under an Invalid Construction Contract
Illinois Expands Protections Under The Contractor Prompt Payment Act By Imposing New Restrictions On Retainage
Mark Johnson | Seyfarth Shaw | September 2, 2019 The Illinois Contractor Prompt Payment Act, 815 ILCS 603/1, et seq. (the “Act”) was first enacted in 2007 and designed to safeguard contractors and subcontractors on private projects by providing a mechanism to expedite payments for work performed. The Act applies to all private construction projects in… Continue reading Illinois Expands Protections Under The Contractor Prompt Payment Act By Imposing New Restrictions On Retainage