Beware the Impact of the Lien Waiver Halloween is approaching next month and along with it, we will all be exposed to very scary things. For a contractor, sometimes there can be nothing scarier than a lien waiver. Our firm was recently involved in a case wherein a...
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PARTITION OF REAL ESTATE IS AN OPTION WHEN PEOPLE DO NOT HAVE A WRITTEN AGREEMENT TO DEAL WITH PROPERTY ISSUES
When people own real property with no written agreement, the individuals will need to resolve any issues by agreement or filing a partition claim. If by agreement, then no court intervention is required. There are several types of documents that can memorialize the...
In Order to Avoid Liability, the Employer Should Maintain and Enforce Safety Standards to Protect its Employees from Covid-19
Since the Covid-19 pandemic started, the issue of the Employer's responsibility to its employees has been much discussed, but no specific guidance has been provided by the State as to what is actually required by the Employer. Accordingly, this lack of direction has...
SBA LOANS AVAILABLE FROM THE COVID-19 CARES STIMULUS PACKAGE
On March 27, 2020, President Trump signed into law a $2 trillion coronavirus emergency stimulus package called the CARES (Coronavirus Aid, Relief, and Economic Security) Act. On Friday and throughout the weekend, the SBA has provided guidance to Lenders on the...
New Illinois Law For 2020, Requires All Employers To Provide Sexual Harassment Prevention Training
The State of Illinois requires that ALL Employers, with any employees, must provide sexual harassment prevention training once every year. The Department of Human Rights is required to provide a model program that Employers can use, but are not required to use...
When Buying Property, Always Perform Your Own Document and Physical Inspection
As a follow-up from a recently published Chicago Tribne article, in which Corey B. Stern was quoted as saying: • "The agent may not lie, but they might not tell you the whole truth," said Corey B. Stern, a partner in the Lisle-based real estate law firm of [nap_names...
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...
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. In determining whether material or equipement ("Work") installed...
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. In the case, 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. 1) In order to avoid liability, the Contractor needs to prove that the independent contractor (party...
