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    Oak Forest, 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.

    Building Consultant Contractors Licensing
    Guidelines Oak Forest Illinois

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

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

    Oak Forest Illinois Building Consultant 10/ 10

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

    Oak Forest Illinois Building Consultant 10/ 10

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

    Oak Forest Illinois Building Consultant 10/ 10

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

    Oak Forest Illinois Building Consultant 10/ 10

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

    Oak Forest Illinois Building Consultant 10/ 10

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

    Oak Forest Illinois Building Consultant 10/ 10

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

    Oak Forest Illinois Building Consultant 10/ 10

    Building Consultant News and Information
    For Oak Forest Illinois

    Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

    How the New Dropped Object Standard Is Changing Jobsite Safety

    Federal Court Requires Auto Liability Carrier to Cover Suit Involving Independent Contractor Despite “Employee Exclusion”

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute

    Construction Wall Falls, Hurts Three

    Bank of America’s Countrywide Ordered to Pay $1.3 Billion

    Florida trigger

    Partner Denis Moriarty and Of Counsel William Baumgaertner Listed in The Best Lawyers in America© 2017

    Merger to Create Massive Los Angeles Construction Firm

    Revised Federal Rule Regarding Class-Wide Settlements

    The Housing Market Is Softening, But Home Depot and Lowe's Are Crushing It

    No One to Go After for Construction Defects at Animal Shelter

    No Conflict in Successive Representation of a Closely-Held Company and Its Insiders Where Insiders Already Possess Company’s Confidential Information

    Eleven WSHB Attorneys Honored on List of 2016 Rising Stars

    Genuine Dispute Over Cause of Damage and Insureds’ Demolition Before Inspection Negate Bad Faith and Elder Abuse Claims

    Long-Planned Miami Mega Mixed-Use Development Nears Initial Debut

    Spearin Doctrine: Alive, Well and Thriving on its 100th Birthday

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Just Because You Label It A “Trade Secret” Does Not Make It A “Trade Secret”

    Construction Firm Sues Town over Claims of Building Code Violations

    SunCal Buys Oak Knoll Development for the Second Time

    Construction Law Alert: A Specialty License May Not Be Required If Work Covered By Another License

    CC&Rs Not the Place for Arbitration Agreement, Court Rules

    Eye on Housing Examines Costs of Green Features

    Insurer’s Duty to Defend: When is it Triggered? When is it Not?

    Contractors with Ties to Trustees Reaped Benefits from LA Community College Modernization Program

    What Do I Do With This Stuff? Dealing With Abandoned Property After Foreclosure

    Client Alert: Expert Testimony in Indemnity Action Not Limited to Opinions Presented in Underlying Matter

    Golf Resorts Offering Yoga, Hovercraft Rides to the Green

    Luxury Home Sales are on the Rise

    Texas Law Bars Coverage under Homeowner’s Policy for Mold Damage

    More Musings From the Mediation Trenches

    Condo Owners Suing Bank for Failing to Disclose Defects

    An Additional Insured’s Reasonable Expectations may be Different from the Named Insured’s and Must be Considered to Determine whether the Additional Insured is Entitled to Defense from the Insurer of a Commercial Excess & Umbrella Liability Policy

    Architect Responds to Defect Lawsuit over Defects at Texas Courthouse

    UK's Biggest Construction Show Bans 'Promo Girls'

    NYC Shuts 9 Pre-Kindergartens for Health, Safety Issues

    Brown Paint Doesn’t Cover Up Construction Defects

    Hawaii Supreme Court Finds Subcontractor Has No Duty to Defend Under Indemnity Provision

    Construction defect firm Angius & Terry moves office to Roseville

    Court Makes an Unsettling Inference to Find that the Statute of Limitations Bars Claims Arising from a 1997 Northridge Earthquake Settlement

    Connecticut Gets Medieval All Over Construction Defects

    Impasse Over Corruption Charges Costs SNC $3.7 Billion, CEO Says

    Homebuilders Opposed to Potential Change to Interest on Construction Defect Expenses

    The New Industrial Revolution: Rebuilding America and the World

    U.S. Home Prices Rose More Than Estimated in February

    Video: Contractors’ Update on New Regulations Governing Commercial Use of Drones

    EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

    Factories Boost U.S. Output as Builders Gain Confidence: Economy
    Corporate Profile


    The Oak Forest, Illinois Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Consultant News & Info
    Oak Forest, Illinois

    EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

    May 27, 2019 —
    On Tuesday, April 23, 2019, in a development of interest to practically anyone who operates a plant or business, EPA published its Interpretive Statement in the Federal Register. (See 84 FR 16810 (April 23, 2019).) After considering the thousands of comments it received in response to a February 20, 2018, Federal Register notice, EPA has concluded that “the Clean Water Act (CWA) is best read as excluding all releases of pollutants from a point source to groundwater from a point source from NPDES program coverage, regardless of a hydrological connection between the groundwater and jurisdictional surface water.” Acknowledging that its past public statements have not been especially consistent or unambiguous on this important matter, EPA states that this interpretation “is the best, if not the only reading of the CWA, is more consistent with Congress’ intent than other interpretations of the Act, and best addresses the question of NPDES permit program applicability for pollutant releases to groundwater within the authority of the CWA.” Indeed, the absence of “a dedicated statement on the best reading of the CWA has generated confusion in the courts, and uncertainly for EPA regional offices and states implementing the NPDES program, regulated entities, and the public.” The recent and contrary interpretations of this issue by the Ninth Circuit (Hawaii Wildlife Fund v. County of Maui, 886 F.3d 737) and the Fourth Circuit (Upstate Forever v. Kinder Morgan Energy Partners, LP, 887 F.3d 637) will be reviewed by the U.S. Supreme Court, which will now have the benefit of the agency’s official position. In addition, EPA discloses that it will be soliciting additional public “input” on how it can best provide the regulated community with “further clarity and regulatory certainly”; these comments will be due within 45 days (June 7, 2019). Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Microsoft Urges the Construction Industry to Deliver Lifecycle Value

    June 25, 2019 —
    Digitalization is changing the way that we operate and use buildings. Salla Palos is directing Microsoft towards a future that inspires innovative changes in both the mindset and the business models of AECO industry stakeholders. Salla Palos moved from Finland to the United States in July 2015 and settled down in Seattle, one of the fastest growing areas in the USA. She was versed in digitalization of construction industry in Finland as well as Europe and sought the opportunity to bring that knowledge into the US market. As the Director of Emerging Technology and Innovation for Sellen Construction, one of the largest general contractor companies in the Pacific Northwest United States, Salla started developing digital building lifecycle as a strategy to solve number of industry problems. “I zeroed in on developing digital construction strategy, re-engineering processes, and innovating how emerging technology supports digital construction. My approach was open innovation, pulling the industry along with our own digital transformation. I set up collaboration with both local and international partners to be successful in driving change and transforming AEC,” Salla recalls. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law

    March 04, 2019 —
    The next case, JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District, 2nd District Court of Appeal, Case No. B284068 (December 17, 2018), provides an interesting behind-the-scenes look at substitution hearings under the Subletting and Subcontracting Fair Practices Act. The Subletting and Subcontracting Fair Practices Act
    1. The Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.), also commonly referred to as the “Listing Law,” requires that prime contractors on state and local public works projects “list” the following subcontractors in their bids:
    2. Subcontractors who are anticipated to perform work with a value in excess of 0.5% of the prime contractor’s total bid; and Subcontractors, on street, highway and bridge projects, who are anticipated to perform work with a value in excess of the greater of: (a) 0.5% of the prime contractor’s total bid; or (b) in excess of $10,000.
    Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen
    Mr. Murai may be contacted at

    Study Finds San Francisco Bay is Sinking Faster than Expected

    July 15, 2019 —
    All coastal cities in the U.S. face some potential threat from sea-level rise, but areas around San Francisco Bay may be more vulnerable than previously thought according to a recent study by Arizona State University’s Manoochehr Shirzaei and UC Berkley’s Roland Bürgmann published in the peer-reviewed journal Science Advances. Read the court decision
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    Reprinted courtesy of Alan Rider, ENR
    ENR may be contacted at

    ConsensusDOCS Hits the Cloud

    April 02, 2019 —
    I have discussed the ConsensusDOCS here at Musings on a few occasions. These relatively new form documents, endorsed by the AGC among other trade organizations, are a great counterpoint to the AIA documents that we all are more than familiar with and as construction attorneys and contractors have likely reviewed on numerous occasions. Recently, these documents have joined the parade and have taken to the cloud. The folks at ConsensusDOCS made this move to ease the type of collaboration that I have discussed must occur on construction projects among the players. The use of the cloud based technology is one of the first uses of this technology to increase productivity. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Court Finds That SIR Requirements are Not Incorporated into High Level Excess Policies and That Excess Insurers’ Payment of Defense Costs is Not Conditioned on Actual Liability

    April 22, 2019 —
    In Deere & Co. v. Allstate Ins. Co. (No. A145170, filed 2/25/19), a California appeals court held that the insured was not required to pay additional self-insured retentions (SIRs) in order to trigger higher level excess coverage because the retained limits applicable to the first layer of coverage did not also apply to the higher-layer excess policies. In Deere, the insured was sued for injuries from alleged exposure to asbestos-containing assemblies used in Deere machines. In a declaratory relief action against its umbrella and excess insurers, the case was tried on: (1) whether the higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to an SIR paid by Deere, had been exhausted; and (2) whether the insurers’ indemnity obligation extended to Deere’s defense costs incurred in asbestos claims that had been dismissed. The trial court found in favor of the insurers, concluding that the retained limits in the first layer of coverage also applied to the higher-layer excess, which was not triggered until Deere paid additional SIRs. The court also concluded that the insurers were not obligated to pay defense costs when underlying cases were dismissed without payment to a claimant either by judgment or settlement. Mr. Kendrick may be contacted at Ms. Moore may be contacted at Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Read the court decision
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    Reprinted courtesy of

    2019 Legislative Session

    June 03, 2019 —
    Two bills under consideration as the end of the session nears contain significant changes to Colorado’s Consumer Protection Act (“CCPA”). The bills broaden remedies, make more conduct a breach of the CCPA, and include purely private transactions in the type of conduct that falls within the scope of the CCPA. The bills are House Bill 19-1289 (“House Bill”) and Senate Bill 19-237 (“Senate Bill”). As of April 29, 2019, the House Bill has passed the House. The Senate Bill has not progressed past introduction. It is unclear if both houses of the legislature will have an opportunity to vote on either or both bills before the session ends. The House Bill makes a person liable for CCPA violations based on conduct engaged in “recklessly,” not just knowing conduct. No definition of the term “recklessly” is provided in the House Bill, but Colorado’s attorney general testified “recklessly” “means a company or person acted with reckless disregard for the truth.” (Page 2). No explanation was given of what the word “reckless” in the definition of “recklessly” meant in this context. Another provision of the House Bill adds a “catch all” prohibition that labels as a deceptive trade practice knowingly or recklessly engaging in any unfair, unconscionable, deceptive, deliberately misleading, false or fraudulent act or practice. There is no indication how a person could “recklessly” engage in “deliberately misleading” acts or practices. Read the court decision
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    Reprinted courtesy of Steve Heisdorffer, Higgins, Hopkins, McLain & Roswell
    Mr. Heisdorffer may be contacted at

    No Coverage for Defects in Subcontrator's Own Work

    February 11, 2019 —
    Damage to the concrete floor installed by the insured subcontractor was not property damage and thus not covered under the insured's CGL policy. Kalman Floor Co. v. Old Republic Gen. Ins. Corp., 2019 U.S. Dist. LEXIS 3319 (D. Colo Jan. 8, 2019). In 2007, Kalman Floor Co. was subcontracted to construct over 158,000 square feet of concrete flooring for a cold storage facility. The concrete floor was completed in late 2008. In late 2009, the contractor notified Kalman that pockmarks, or "pop-outs," were visible on the concrete flooring. The only damage to tangible property in the facility caused by the pop-outs was the concrete flooring itself. On January 31, 2009, Old Republic issued a general liability policy to Kalman for one year. The policy excluded for damage to "your work," defined as "work or operations performed by you or on your behalf." Old Republic denied coverage for damage to the concrete floor. Kalman sued, seeking a declaration that the exclusions did not bar coverage. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at