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    Hurst, Illinois

    Illinois Builders Right To Repair Current Law Summary:

    Current Law Summary: HB4873 Pending: The Notice and Opportunity to Repair Act provides that a construction professional shall be liable to a homeowner for damages caused by the acts or omissions of the professional and his or her agents, employees, or subcontractors. This bill requires the service of notice to the professional of the complained-of defect in the construction by the homeowner prior to commencement of a lawsuit. Allows the professional to make an offer of repair or settlement and to rescind this offer if the claimant fails to respond within 30 days.

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    Guidelines Hurst Illinois

    No state license required for general contracting. License required for roofing.

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    Home Builders Association of Greater Fox Valley
    Local # 1431
    PO Box 1146
    Saint Charles, IL 60174

    Hurst Illinois Building Consultant 10/ 10

    Northern Illinois Home Builders Association Inc
    Local # 1434
    3695 Darlene Ct Ste 102
    Aurora, IL 60504

    Hurst Illinois Building Consultant 10/ 10

    Home Builders Association of Greater Chicago
    Local # 1425
    5999 S. New Wilke Rd Ste 104
    Rolling Meadows, IL 60008

    Hurst Illinois Building Consultant 10/ 10

    SouthWest Suburban Home Builders Association
    Local # 1432
    10767 W 163rd Pl
    Orland Park, IL 60467

    Hurst Illinois Building Consultant 10/ 10

    Home Builders Association of the Greater Rockford Area
    Local # 1465
    631 N Longwood St Suite 102
    Rockford, IL 61107

    Hurst Illinois Building Consultant 10/ 10

    Home Builders Association of Kankakee
    Local # 1445
    221 S Schuyler Ave Ste B
    Kankakee, IL 60901

    Hurst Illinois Building Consultant 10/ 10

    Home Builders Association of Greater Peoria
    Local # 1455
    1599 N Main Street
    East Peoria, IL 61611

    Hurst Illinois Building Consultant 10/ 10

    Building Consultant News and Information
    For Hurst Illinois

    Joint Venture Dispute Over Profits

    Insurer Able to Refuse Coverage for Failed Retaining Wall

    Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

    Hotel Owner Makes Construction Defect Claim

    Contractor’s Unwritten Contractual Claim Denied by Sovereign Immunity; Mandamus Does Not Help

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    Safety Data: Noon Presents the Hour of Greatest Danger

    New Insurance Case: Owners'​ Insurance Barred in Reimbursement Action against Tenant

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    Understanding Lien Waivers

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    Beware: Hyper-Technical Labor Code Violations May Expose Employers to Significant Claims for Penalties under the Labor Code California Private Attorneys General Act of 2004 (PAGA)

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    Colorado SB 15-177 UPDATE: Senate Business, Labor, & Technology Committee Refers Construction Defect Reform Bill to Full Senate

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    Insurer's Failure to Settle Does Not Justify Multiple Damages under Unfair Claims Settlement Law

    Endorsements Do Not Exclude Coverage for Wrongful Death Claim

    Guilty Pleas Draw Renewed Interest In Nevada’s Construction Defect Laws

    A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily

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    Official Tried to Influence Judge against Shortchanged Subcontractor
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    The Hurst, Illinois Building Consultant Group at BHA, leverages from the experience gained through more than 5,500 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Hurst's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Consultant News & Info
    Hurst, Illinois

    At Least 23 Dead as Tornadoes, Severe Storms Ravage South

    March 18, 2019 —
    Beauregard, Ala. (AP) -- A tornado roared into southeast Alabama and killed at least 23 people and injured several others Sunday, part of a severe storm system that caused catastrophic damage and unleashed other tornadoes around the Southeast. "Unfortunately our toll, as far as fatalities, does stand at 23 at the current time," Lee County Sheriff Jay Jones told WRBL-TV of the death toll. He added that two people were in intensive care. Drones flying overheard equipped with heat-seeking devices had scanned the area for survivors but the dangerous conditions halted the search late Sunday, Jones said. "The devastation is incredible," he said. An intense ground search would resume Monday morning. Read the court decision
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    Reprinted courtesy of Bloomberg

    Update Your California Release Provisions to Include Amended Section 1542 Language

    April 02, 2019 —
    Most companies have been involved in a situation where they want to end their relationship with another company, or with an employee, and to permanently terminate their mutual obligations (e.g., a settlement agreement resolving end-of-project litigation). In 1992, a California Court of Appeals, in Winet v. Price, confirmed that upholding general releases is “in harmony… with a beneficial principle of contract law: that general releases can be so constructed as to be completely enforceable.” In California, agreements with a release of claims (or s general release) include what is often referred to as a California Civil Code § 1542 waiver for the purpose of ensuring that the releasing party is consciously releasing both known and unknown claims that may be later discovered. Such a waiver provision generally confirms that the Releasing Party acknowledges that it understands and waives the provisions of Section 1542, followed by the quoted text of Section 1542 (typically in all capital letters). Reprinted courtesy of Amy L. Pierce, Pillsbury and William S. Hale, Pillsbury Ms. Pierce may be contacted at Mr. Hale may be contacted at Read the court decision
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    Reprinted courtesy of

    High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case

    March 18, 2019 —
    The U.S. Supreme Court's decision to review lower court rulings on whether a permit is required under the federal Clean Water Act when pollutants originate from a point source but are carried to navigable waters by a non-point source such as groundwater could set some new parameters for compliance, observers say. Read the court decision
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    Reprinted courtesy of Mary B. Powers, ENR
    ENR may be contacted at

    Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

    July 30, 2019 —
    In McMillin Homes Construction v. Natl. Fire & Marine Ins. Co. (No. D074219, filed 6/5/19) a California appeals court held that a “care, custody or control” exclusion did not bar coverage for defense of a general contractor as an additional insured under a subcontractor’s policy, because the exclusion requires exclusive control, but the facts and allegations posed a possibility of shared control with the subcontractor. McMillin was the general contractor on a housing project and was added as an additional insured to the roofing subcontractor’s policy pursuant to the construction subcontract. The homeowners sued, including allegations of water intrusion from roof defects. McMillin tendered to the roofing subcontractor’s insurer, which denied a defense based on the CGL exclusion for damage to property within McMillin’s care, custody or control. In the ensuing bad faith lawsuit, McMillin argued that the exclusion required complete or exclusive care, custody or control by the insured claiming coverage, which was not the case for McMillin. The insurer argued that the exclusion said nothing about complete or exclusive care, custody or control. Further, the intent to exclude coverage for damage to any and all property in McMillin’s care, custody or control, to whatever degree, was demonstrated by the fact that the additional insured endorsement in question was not an ISO CG2010 form, but a CG2009 form, which expressly adds a care, custody or control exclusion to the additional insured coverage not found in the CG2010 form. The argument was that the CG2009 form evidences an intent to conclusively eliminate coverage for property in the additional insured’s care, custody or control. In addition, the insurer argued that this result was also reinforced by its inclusion of an ISO CG2139 endorsement in the roofer’s policy, which eliminated that part of the “insured contract” language of the CGL form, defining an “insured contract” as “[t]hat part of any other contract or agreement pertaining to your business . . . under which you assume the tort liability of another party to pay for ‘bodily injury’ or ‘property damage’ to a third person or organization.” The insurer’s argument was that by having eliminated coverage for contractual indemnity or hold harmless agreements, it had “closed the loop” of eliminating additional insured coverage for construction defect claims. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at Ms. Moore may be contacted at Read the court decision
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    Reprinted courtesy of

    California Court of Appeal Makes Short Work Trial Court Order Preventing Party From Supplementing Experts

    August 06, 2019 —
    Years ago I recommended to a client that we hire a construction defect expert in a case. The client, a thrifty fellow, responded, “But I thought you were the construction expert. Why do I need to hire another expert? A fair question and one that caught me flat footed. Whether I’m an “expert” or not can be debated, but I explained to the client that while I was an attorney whose practice focused on construction law, I was not someone who he would want to take the stand and testify about the engineering design and seismic stability of pilings. For that, he needed an expert. In construction litigation it’s not uncommon for parties and their attorneys to hire “experts.” There are even special rules set forth in the California Code of Civil Procedure for disclosing, supplementing and deposing experts, which basically provide as follows: 1. Demand for Exchange of Expert Information: After the court sets a trial date in a case, any party may demand that each party exchange information concerning the experts they intend to have testify at trial; Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at

    Locating Construction Equipment with IoT and Mobile Technology

    May 13, 2019 —
    It can take hours, or even days, to find a specific scissor lift on a large construction site – multiply that with hundreds of machines on the site and, then, you grasp the scale of the dilemma. Three companies joined forces to test an IoT solution that could fix the problem, cost-efficiently. Ramirent is a construction equipment rental and service firm that operates in nine European countries. It uses digital tools and services to add value to its customers and improve the efficiency of construction operations. In November 2018, Ramirent, SRV, and Kaltiot completed a test on promising technology that is used to locate construction equipment indoors. The experiment took place in Helsinki and was partly funded by the national KIRA-digi digitalization project. Setting up the Test Tomi Anttila, Development Manager at Ramirent Finland Oy, explained that they chose scissor lifts as a test subject for a particular reason: “They are an essential tool in construction. Whenever you have to work flexibly above the floor level – doing HVACE installations, for example – you need a movable lift. On our test site, REDI, there were over 150 lifts at any moment.” Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley

    May 06, 2019 —
    Project officials for the $2.1-billion Mid-Coast Trolley in San Diego recently celebrated the halfway point of construction. The event was held at the construction staging yard near the Voigt Drive Trolley station, where workers gather for their morning briefings. Read the court decision
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    Reprinted courtesy of Greg Aragon, ENR
    ENR may be contacted at

    Consequential Damages Can Be Recovered Against Insurer In Breach Of Contract

    July 22, 2019 —
    In a favorable case for insureds, the Fifth District Court of Appeal maintained that “when an insurer breaches an insurance contract, the insured is entitled to recover more than the pecuniary loss involved in the balance of the payments due under the policy in consequential damages, provided the damages were in contemplation of the parties at the inception of the [insurance] contract.” Manor House, LLC v. Citizens Property Insurance Corp., 44 Fla. L. Weekly D1403b (Fla. 5thDCA 2019) (internal citations and quotation omitted). Thus, consequential damages can be recovered against an insurer in a breach of contract action (e.g., breach of the insurance policy) if the damages can be proven and were in contemplation of the parties at the inception of the insurance contract. In Manor House, the trial court entered summary judgment against the insured holding the insured could not seek lost rental income in its breach of contract action against Citizens Property Insurance because the property insurance policy did not provide coverage for lost rent. However, the Fifth District reversed this ruling because the trial court denied the insured the opportunity to prove whether the parties contemplated that the insured, an apartment complex owner, would suffer lost rental income (consequential damages) if the insurer breached its contractual duties. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at