On January 15, 2019, Governor Pritzker signed Public Act 100-1177 which amended Illinois' Prevailing Wage Act (the "Act") in many ways. One noteworthy amendment to the Act is the requirement that the Illinois Department of Labor develop an online database for...
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Construction
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...
Top 10 Clauses For Every Construction Contract
By Corey B. Stern, Esq., 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. 2)...
