Chitkowski Law Offices

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Tips from the Pros

Court Awards Brokerage Firm $50,000.00 Commissions Despite Not Having An Executed Brokerage Services Agreement from the Buyer

In a recent case, the Buyer of a business along with its real Property refused to pay the Broker for finding and presenting the Buyer with the sale of the Property.  

The Property was not listed on the MLS.  The Broker found the Property which is considered to be an off-market Property.  Before providing the Property information to the Buyer, the Broker required the Buyer to sign a confidentiality agreement, which the Buyer executed.  As the deal progressed, the Broker sent the Buyer a Brokerage Services Agreement.  However, while the Buyer acknowledged the Brokerage Services Agreement and that it would be reviewed, the Buyer never signed the Brokerage Services Agreement.  

CONTRACTORS BEWARE: SOME CONSTRUCTION IMPROVEMENTS ARE NOT LIENABLE

This construction blog post discusses whether work performed upon the Property, is either a trade fixture (not lienable) or a permanent improvement (lienable) pursuant to the Illinios Mechanic Lien Act.

CONTRACTORS CAN PREVENT UNLIMITED LIABILITY BY NARROWING INDEMNITY CONTRACT CLAUSES

In a recent case involving a Public entity, a General Contractor and a subcontractor/lien claimant, the issue of an indemnity clause revealed that the General Contractor may have unlimited liability to the Public Entity.  

What Every Contractor Needs To Know About The Illinois Employee Classification Act To Avoid Having The State Impose Severe Penalties

The Illinois Employee Classification Act, 820 ILCS 185/1, applies to all contractors who pays any person to perform any construction work in the State of Illinois.  

Non-Competition Agreements Cannot Be Enforced Agaisnt Low-Wage Employees

By Corey B. Stern, Esq., Chitkowski Law Offices

Pursuant to the Illinois Freedom to Work Act, enacted by the State of Illinois this year, a private company is prohibbited from enforcing a non-competition agreement against any employee who makes less than $13.00 per hour.  A non-competition agreement is any restriction that prevents a person from working for another employer for a specific period of time; a specific geographical area; or for another similar employer. 

Top 10 Clauses For Every Construction Contract

By Corey B. Stern, Esq., Chitkowski Law Offices

1) Payment Terms: Identify the amount and the date or construction event when each payment is due.  Additionally, confirm that the Owner has the funds to complete the project or if financing is being used.  

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Chitkowski Law Offices 901 Warrenville Road Suite 103 Lisle, IL 60532 Phone: 630-824-4808 Fax: 630-824-4809 Map & Directions