Matthew Horn | SmithAmundsen | September 13, 2019 The Illinois legislature recently passed a law modifying the Contractor Prompt Payment Act, impacting retainage on all private projects (except residential projects involving twelve units or less). The law sets the ceiling for retainage at 10%, and requires that retainage be reduced to no more than 5% once the… Continue reading New Illinois Law Impacts Retainage For Contractors
Tag: Illinois
Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?
Joshua Fruchter | Merge Mediation Group | September 4, 2019 Standardized commercial general liability (CGL) insurance policies impose a “duty to defend” that obligates insurers to defend insureds against “suits” seeking damages for claims potentially covered by the policy. The existence of a duty to defend is determined by the allegations in the “suit” filed… Continue reading Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?
Illinois’ New Retainage Law
James Rohlfing | Saul Ewing Arnstein & Lehr | September 3, 2019 Effective August 20, 2019, Illinois law provides that a maximum of 10 percent retainage may be withheld from payments under private construction contracts and, after the contract is one-half complete, retainage must be reduced to 5 percent and kept at 5 percent for the remainder of… Continue reading Illinois’ New Retainage Law
The Seventh Circuit Court of Appeals Weighs In On “Matching”
Edward Eshoo | Property Insurance Coverage Law Blog | August 10, 2019 Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch… Continue reading The Seventh Circuit Court of Appeals Weighs In On “Matching”
Illinois Supreme Court: Subcontractors No Longer Subject to Claims for Breach of the Implied Warranty of Habitability
Jeremy P. Brummond and Patrick J. Thornton | Lewis Rice | April 29, 2019 Recently, in Sienna Court Condominium Association v. Champion Aluminum Corporation, et al., the Illinois Supreme Court (“the Supreme Court”) held that if a purchaser of a newly constructed condominium or residence does not have a contract with a subcontractor who provided work… Continue reading Illinois Supreme Court: Subcontractors No Longer Subject to Claims for Breach of the Implied Warranty of Habitability