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


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

    Oswego Illinois Building Consultant 10/ 10

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

    Oswego Illinois Building Consultant 10/ 10

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

    Oswego Illinois Building Consultant 10/ 10

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

    Oswego Illinois Building Consultant 10/ 10

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

    Oswego Illinois Building Consultant 10/ 10

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

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

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    Building Consultant News and Information
    For Oswego Illinois


    Oregon Bridge Closed to Inspect for Defects

    Homeowners May Not Need to Pay Lien on Defective Log Cabin

    Insurance Client Alert: Mere Mailing of Policy and Renewals Into California is Not Sufficient Basis for Jurisdiction Over Bad Faith Lawsuit

    The Future Looks Bright for Construction in 2015

    Building Recovery Comes to Las Vegas, Provides Relief

    Kentucky Court Upholds Arbitration Award, Denies Appeal

    Court of Appeals Discusses Implied Duty of Good Faith and Fair Dealing in Public Works Contracting

    Boston Building Boom Seems Sustainable

    County Elects Not to Sue Over Construction Defect Claims

    Federal District Court Issues Preliminary Injunction Against Implementation of the Fair Pay and Safe Workplaces Final Rule

    Newmeyer & Dillion Attorneys Selected to Best Lawyers in America© Orange County and as Attorneys of the Year 2018

    Insurer Must Pay To Defend Product Defect Claims From Date Of Product Installation

    When is Construction Put to Its “Intended Use”?

    Wood Smith Henning & Berman LLP Expands into Georgia

    The Harmon Hotel Construction Defect Trial to Begin

    Court Grants Summary Judgment to Insurer in HVAC Defect Case

    Delaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builder’s Commercial General Liability Policy

    Fraudster Sells 24-Bedroom ‘King’s Speech’ London Mansion

    Condo Owners Allege Construction Defects at Trump Towers

    Maria Latest Threat to Puerto Rico After $1 Billion Irma Hit

    Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings

    Want to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or Two

    United States Supreme Court Grants Certiorari in EEOC Subpoena Case

    Coverage Denied for Insured's Defective Product

    Client Alert: Naming of Known and Unknown Defendants in Initial Complaints: A Cautionary Tale

    A Year Later, Homeowners Still Repairing Damage from Sandy

    The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

    Wells Fargo, JPMorgan Vexed by Low Demand for Mortgages

    Defective Panels Threatening Profit at China Solar Farms: Energy

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    General Contractors Can Be Sued by a Subcontractor’s Injured Employee

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    Application of Set-Off When a Defendant Settles in Multiparty Construction Dispute

    Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

    HOA Has No Claim to Extend Statute of Limitations in Construction Defect Case

    Hawaii Court of Appeals Affirms Broker's Liability for Failure to Renew Coverage

    Developer’s Fraudulent Statements Are His Responsibility Alone in Construction Defect Case

    Wildfires Threaten to Make Home Insurance Unaffordable

    Big League Dreams a Nightmare for Town

    Renee Zellweger Selling Connecticut Country Home

    Homeowner Sues Brick Manufacturer for Spalling Bricks

    Application of Efficient Proximate Cause Doctrine Supports Coverage

    BHA’s Next MCLE Seminar in San Diego on July 25th

    Denver Court Rules that Condo Owners Must Follow Arbitration Agreement

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    Bad Faith in the First Party Insurance Context

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    Building Inspector Refuses to State Why Apartments Condemned
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    OSWEGO ILLINOIS BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Oswego, 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 Oswego'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
    Oswego, Illinois

    2018 Spending Plan Boosts Funding for Affordable Housing

    April 11, 2018 —
    On March 23, President Trump signed into law the Consolidated Appropriations Act, 2018, a $1.3 trillion spending package that includes a 12.5% increase in low-income housing tax credit allocations over the next four years, along with funding increases for several affordable housing programs. This is welcome news to affordable housing developers who have been facing funding gaps as a result of reductions in the corporate tax rate under the Tax Cuts and Jobs Act enacted in late 2017, which led to reduced pricing from equity investors. Read the court decision
    Read the full story...
    Reprinted courtesy of Emily Bias, Pillsbury Winthrop Shaw Pittman LLP
    Ms. Bias may be contacted at emily.bias@pillsburylaw.com

    Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

    November 21, 2017 —
    Originally published by CDJ on May 3, 2017 In breaking news this week, LAW360.com posted that the Third Circuit ruled Friday that “a common exclusion found in a Travelers policy bars coverage for claims arising out of asbestos in any form, limiting insurers’ potential exposure to asbestos injury claims by precluding policyholders from arguing that the exclusionary language is ambiguous and doesn’t extend to products containing the carcinogen.” In its detailed analysis of the decision, LAW360 turned to Greg Podolak for his analysis. Gregory D. Podolak, managing partner of Saxe Doernberger & Vita PC’s Southeast office, said the ruling is a cautionary tale that should galvanize policyholders and their insurance brokers to take a closer look at policies to delete or curtail broad “arising out of” language in exclusions. Otherwise, insureds could find themselves without any coverage for claims even remotely related to a certain product, he said. Read the court decision
    Read the full story...
    Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
    Mr. Podolak may be contacted at gdp@sdvlaw.com

    William Lyon to Acquire RSI Communities

    February 22, 2018 —
    According to the article “William Lyon Agrees to Buy RSI Communities $460 million deal plants Lyon in Texas and adds to Inland Empire land holdings” published on the website Builder, the Newport Beach home builder is purchasing the Southern California and Texas home builder. This will be Lyon Homes’ first venture in the state of Texas. RSI Communities works within both San Antonio and Austin, Texas as well as Southern California and the Inland Empire. It was founded by Todd Palmaer, a home building expert and Ron Simon, a building products expert and Newport Beach businessman. First time home buyers have been RSI’s main target. President and CEO of RSI, Tod Palmaer is optimistic about the acquisition “We are delighted to have our company join the William Lyon Homes organization. We have a great deal of confidence in the William Lyon Homes platform and its executive management team, and believe that its acquisition of RSI Communities will add to Lyon’s continued success in its current and new markets.” Pat Donahue who has almost 30 years of experience in home building, will serve as President to the Inland Empire Division. John Bohnen, RSI’s present Chief Operating Officer, will be the regional president in Texas. Mr. Bohnen has previously held executive positions with numerous home builders. William Lyon’s president and CEO Mark R. Zaist is excited about adding RSI’s key players to their team, and had this to say about the purchase. “The acquisition of RSI represents our most significant acquisition since our entry into Portland and Seattle with the Polygon Northwest Homes acquisition in 2014 and furthers our strategy of building in the strongest markets in the Western U.S., while also strengthening our pipeline in Southern California, as we continue our mission of being the premier Western Regional home builder.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Additional Insured Is Covered Under On-Going Operations Endorsement Despite Subcontractor's Completion of Work

    December 20, 2017 —
    Although the homeowners did not own their homes when the subcontractors completed their work, the general contractor was still covered as an additional insured for the homeowners' suits based on the ongoing operations endorsement in the subcontractors' policies. McMillin Mgmt. Servs. v. Fin. Pac. Ins. Co., 2017 Cal. App. LEXIS 1000 (Cal. Ct. App. Nov. 14, 2017). McMillin was the developer and general contractor for the project. Among the subcontractors were Martinez Construction Concrete Contractor, Inc. and Rozema Corporation. Martinez performed concrete flatwork between 2003 and November 2005. Rozema performed lath and stucco work between March 2003 and October 2005. Lexington issued CGL policies to Martinez and Rozema. McMillin was an additional insured under both policies, "but only with respect to liability arising out of your [i.e., Martinez's or Rozema's] ongoing operations performed for [McMillin]." An exclusion provided that the insurance did not apply to property damage occurring after the insured subcontractor had completed operations on behalf of the additional insured. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred Eyerly, Insurance Law Hawaii
    Mr Eyerly may be contacted at te@hawaiilawyer.com

    Colorado Senate Revives Construction Defects Reform Bill

    January 04, 2018 —
    Originally Published by CDJ on March 1, 2017 A re-booted construction defects reform bill recently passed its first Senate committee, according to the Denver Business Journal. Next, Senate Bill 156, sponsored by Sen. Owen Hill, R-Colorado Springs, heads to the Senate floor for debate. SB 156 “would require that condominium owners alleging construction defects take their disputes to arbitration or mediation if requested by builders,” the Denver Business Journal reported. “It also would require that homeowners be informed of the consequences of filing legal actions over purported disputes and that a majority of all owners in a condominium complex vote to proceed with legal action, rather than just a majority of homeowners association board members.” However, it is almost identical to the failed measures that were introduced in 2014 and 2015. Homeowners association group members and owners of defective condominiums argued against the measure, stating “that the effort would not improve the quality of building in the state, but simply would block aggrieved Coloradans from taking their complaints before a jury of their peers.” Proponent of the bill, Tom Clark, CEO of Metro Denver Economic Development Corp., said “that Denver’s housing costs have risen since the first bill was introduced in 2013 to the sixth-most-expensive in the country – and are tops for any metro area not on a coast.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Triggering Duty to Advance Costs Same Standard as Duty to Defend

    April 11, 2018 —
    Interpreting Hawaii law, the federal district court held that the standard for triggering the duty to defend is the same as the standard for the duty to advance costs under a D&O policy. Maui Land & Pineapple Co. v. Liberty Ins. Underwriters, 2018 U.S. Dist. LEXIS 56949 (D. Haw. April 3, 2018). The underlying plaintiffs sued 22 defendants, including Maui Land Pineapple (MLP) and Ryan L. Churchill, concerning a residential development project known as The Ritz-Carlton Club & Residences. The underlying complaint alleged that MLP "directly or indirectly through wholly owned subsidiaries exerts control" over Kapalua Bay, LLC, the defendant in the underlying lawsuit. Kapalua Bay, LLC was created as a joint venture of which MLP held 51%. Churchill was a senior executive officer of MLP, President of Kapalua Bay, and an executive officer of Kapalua Realty, which participated in all aspects of the Project, such as financing, development, and construction. In their second amended complaint, the underlying plaintiffs alleged nine Counts against the defendants, including breach of fiduciary duty. It was alleged that defendants were not transparent and kept owners in the dark regarding the status of the project. Several allegations named Churchill individually and described his alleged material misrepresentations to the underlying plaintiffs regarding the project's financing. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Construction Defect Claim Must Be Defended Under Florida Law

    February 15, 2018 —

    The Eleventh Circuit found that the insured caused property damage to areas beyond its own work, obligating the insurer to defend. Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass'n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017).

    The condominium association contracted with Poma Construction Corp. to replace the building's aging concrete balcony railings with new aluminum and glass railings. Poma subcontracted with Windsor Metal Specialties, Inc. to paint the new railings. Work was completed on February 24, 2012. Poma issued a 10-year warranty covering its installation of the railings. Windsor issued a 20-year limited warranty covering the paint job.

    Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Compliance with Building Code Included in Property Damage

    February 07, 2018 —

    A Circuit Court in Florida issued a final judgment determining that the insured's obligation to comply with building code provisions was included in the property damage experienced. Pin-Pon Corp. v. Landmark, Am. Ins. Co., No. 312009CA012244 (Fla. Cir. Ct. Dec. 28, 2017). The decision is here.

    At trial, the plaintiff's architect testified that the total pricing for the code upgrades was $6.2 million. On appeal, the appellate court ruled that plaintiff's Exhibit 98, an Upgrade Insurance Claim, was improperly admitted as a business record. The appellate court stated that the jury may have considered Exhibit 98 in determining the amount of code upgrade damages. Therefore, the verdict was reversed and remanded for a trial on the code upgrade damages only.

    Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawarii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com