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Construction Litigation Archives

Court throws out condo document amendment in construction suit

A court ruling from outside of Illinois shows how complex dealing with complaints from a condominium’s homeowner’s association of alleged construction defects can be. Homeowner’s associations usually have governing documents, which are open to interpretation and can be amended over time.

The difference between obvious and hidden construction defects

Some construction defects are obvious, perhaps even to a layperson. Other times, the new construction or remodel seems to have been done properly, but a hidden defect is lying in wait, potentially able to cause serious damage to the property.

Illinois financial adviser settles govt. complaint

An Illinois financial planning firm has settled claims filed against it by the state Department of Insurance that the business misled customers. Afterward, the owner of the firm said in The State Journal-Register that none of his customers ever complained about his services, and denied that he defrauded any of them.

Judge rejects injunction on Wrigley Field's new video board

The Chicago Cubs prevailed in federal court recently, allowing its massive $375 million remodeling of Wrigley Field to continue. The judge in the case dismissed claims from nearby rooftop clubs that the stadium’s new video board blocks their view of the field.

Categories of construction defects explained

Most construction jobs end with a finished, well-built home or place of business. Occasionally, however, something goes wrong after construction is complete, and the owner accuses the contractor of allowing a defect to occur. If the construction company and the owner cannot settle the matter out of court, it may be necessary for the company to defend itself in court.

Lawmakers in many states pushing to make defect litigation harder

Nationwide, many of the current state statutes regulating construction defects were passed in the 1990s and 2000s. Now, lawmakers in many states are revisiting those statutes, seeking to make it more difficult to sue a builder or developer in order to prevent frivolous claims.

Many different disputes can come up in construction projects

When a person is involved in a construction project, their hope generally is that the project will go as planned and that no legal hiccups will come up in relation to the project. Unfortunately, reality sometimes falls well below this ideal. Legal disputes sometimes arise during the course of a construction project.

Common legal theories in construction litigation

A property owner who claims that the builder or a subcontractor is responsible for a problem with the building has several possible legal theories upon which to base their lawsuit. Which one the owner chooses depends on the circumstances of the case, but a contractor or subcontractor has to be prepared for any one of these types of claims if it believes a suit is pending.

Homeowners usually have limited time to sue builder for defect

Litigation related to construction defects can be expensive and time-consuming for Illinois builders. Every job could someday lead to an owner claiming that the company is responsible for a leaking roof, foundation problems and so on.