Category: Construction Law
ILLINOIS COURTS DETERMINE THE DIFFERENCE BETWEEN “PAY-WHEN-PAID” AND “PAY-IF-PAID” CONTRACTUAL LANGUAGE
In 2006, Lake County Grading Co. was contracted by FCL Investors, Inc. (“FCL”), to excavate and install a sewer line for a development in Northbrook, Illinois. FCL was previously hired by Northshore Center THC to be the general contractor for the development after taking out a mortgage to develop the property. After submitting and receiving
“Occurrence” Must Damage More Than the Project Itself to Trigger Insurer’s Duty to Defend
Under a commercial general liability policy, does an insurer have a duty to defend its insured when the insured’s work damages property that was outside the scope of work to be performed by the insured? This question has been asked many times, but was, until recently, unanswered under Illinois law. In the recent case of
Beyond Contract Liability: When a General Contractor Has to Pay a Subcontractor He Never Hired
The general rule concerning contracts holds that the only parties that can be held liable are those that signed the contract. In other words, you or your business generally can’t be held liable for a contract you did not sign. This simple rule is fundamental to contracts in the construction business. A general contractor hires