Construction Law

West Palm Beach Partner Covers Construction Defect Law on “Legal News & Review” Radio Program

Arnstein & Lehr LLP West Palm Beach partner Joshua Atlas made a year-end appearance on local AM radio show, Legal News & Review, where he discussed construction defect and construction lien issues. Mr. Atlas was joined by William Cornwell of Weiss, Handler & Cornwell, P.A., who covered class action lawsuits, and legal panel host Toni […]

Chicago Partner’s Article on Illinois Mechanics Lien Act Published in SubStance Magazine

by James T. Rohlfing This was published as an article called, “Courts Put Teeth in Attorney Fee Section of Illinois Mechanics Lien Act” in the December 2016 issue of SubStance Magazine. Two recent Illinois cases have strengthened the section of the Illinois Mechanics Lien Act (the “Lien Act”) which, in essence, provides that if a […]

West Palm Beach Partner’s Column on Construction Defect Litigation Costs Runs in Daily Business Review

by Joshua M. Atlas This was published as a column called, “Construction Defects: Will the Florida Supreme Court End the Battle?” on November 23, 2016, in the Daily Business Review.  The Florida construction industry will wait to find out if state law requires general liability insurers to defend contractors from claims during the pre-litigation defect process outlined […]

Chicago Partners Co-Present Mason Contractors Webinar on Mechanics Liens

Chicago partners James Rohlfing and W. Matthew Bryant  presented an educational webinar called, “Protecting Contractors with Mechanics Liens and Related Rights.” It summarized the Mechanics’ Lien Act and basic terms to help contractors understand conversations about liens with customers and attorneys. This event was recently featured in the Chicago Daily Law Bulletin‘s “In the News” section and […]

Modified Law Not Enough to Protect Lien Rights

by W. Matthew Bryant and James T. Rohlfing This was published as a Feature Story in the June 2016 edition of SubStance Magazine, which is distributed by the Illinois Mechanical & Specialty Contractors Association. IMSCA drafted, promoted and successfully passed an amendment to section 34 of the Illinois Mechanics Lien Act that became effective in […]

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Bonding Over in Illinois – New Law Allows for Lien Release with Surety Bond

On July 29, 2015, Illinois Governor Bruce Rauner signed into law Public Act 99-0178, which adds section 38.1 to the Illinois Mechanics Lien Act (the “Act”). 770 ILCS 60/38.1. The new law, which takes effect on January 1, 2016, permits interested parties to furnish a surety bond in exchange for the release of a mechanics […]

Is it Still Safe to be a Safety Service Company in Illinois?

“The safety of the people shall be the highest law.” Marcus Tullius Cicero New Law Changes Exemption for Safety Companies On June 5, 2014, Governor Pat Quinn signed SB 3287 into law and it became Public Act 98-633, which is effective immediately. It modifies section 5 of the Illinois Worker’s Compensation Act (820 ILCS 305/5) […]

Update: SB-3023 Passed Out of Committee

This past Tuesday, I testified before the Illinois Senate Judiciary Committee on behalf of the construction industry in support of SB-3023. SB-3023 proposes new legislation making provisions in construction contracts to agree to subordinate mechanics lien rights unenforceable and against public policy. You can read more about SB-3023 in a prior blog post. After over […]

SB-3023 – A Proposal to Clarify the Mechanics Lien Act’s Prospective Prohibition of Mechanics Lien Subordination

This is another article on the important topic of lien subordination and pending bill SB-3023 about which partner James Rohlfing testified on behalf of the construction industry on March 4, 2014 before the Illinois Senate Judiciary Committee. According to Wikipedia, “Subordination is the process by which a creditor is placed in a lower priority for the […]