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    Expert Witness Engineer Builders Information
    Merrionette Park, Illinois

    Illinois Builders Right To Repair Current Law Summary:

    Current Law Summary: HB4873 Pending: The Notice and Opportunity to Repair Act provides that a construction professional shall be liable to a homeowner for damages caused by the acts or omissions of the professional and his or her agents, employees, or subcontractors. This bill requires the service of notice to the professional of the complained-of defect in the construction by the homeowner prior to commencement of a lawsuit. Allows the professional to make an offer of repair or settlement and to rescind this offer if the claimant fails to respond within 30 days.


    Expert Witness Engineer Contractors Licensing
    Guidelines Merrionette Park Illinois

    No state license required for general contracting. License required for roofing.


    Expert Witness Engineer Contractors Building Industry
    Association Directory
    Home Builders Association of Southern Illinois
    Local # 1466
    PO Box 510
    Cobden, IL 62920

    Merrionette Park Illinois Expert Witness Engineer 10/ 10

    Home Builders Association of Greater Southwest Illinois
    Local # 1468
    6100 W Main St
    Maryville, IL 62062

    Merrionette Park Illinois Expert Witness Engineer 10/ 10

    Effingham Area Home Builders Association
    Local # 1423
    PO Box 1323
    Effingham, IL 62401

    Merrionette Park Illinois Expert Witness Engineer 10/ 10

    Springfield Area Home Builders Association
    Local # 1470
    3921 Pintail Dr Ste B
    Springfield, IL 62711

    Merrionette Park Illinois Expert Witness Engineer 10/ 10

    Home Builders Association of Illinois
    Local # 1400
    112 W Edwards Street
    Springfield, IL 62704

    Merrionette Park Illinois Expert Witness Engineer 10/ 10

    Metro Decatur Home Builders Association
    Local # 1435
    PO Box 1166
    Decatur, IL 62525

    Merrionette Park Illinois Expert Witness Engineer 10/ 10

    Home Builders Association of Quincy
    Local # 1460
    PO Box 3615
    Quincy, IL 62305
    Merrionette Park Illinois Expert Witness Engineer 10/ 10


    Expert Witness Engineer News and Information
    For Merrionette Park Illinois


    Damages in First Trial Establishing Liability of Tortfeasor Binding in Bad Faith Trial Against Insurer

    Orlando Commercial Construction Permits Double in Value

    The Activist Group Suing the Suburbs for Bigger Buildings

    Caltrans Hiring of Inexperienced Chinese Builder for Bay Bridge Expansion Questioned

    The Need to Be Specific and Precise in Drafting Settling Agreements

    The Drought Is Sinking California

    Flood Policy Does Not Cover Debris Removal from Property

    Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii

    How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive

    Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute

    Production of Pre-Denial Claim File Compelled

    Fannie-Freddie Elimination Model in Apartments: Mortgages

    Governor Ducey Vetoes Water and Development Bills

    Smart Home Products go Mainstream as Consumer Demand Increases

    10 Year Anniversary – Congratulations Greg Podolak

    Colorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a Leased Residential Premises Uninhabitable

    Construction Defects Checklist

    Unqualified Threat to Picket a Neutral is Unfair Labor Practice

    Court Holds That Parent Corporation Lacks Standing to Sue Subsidiary’s Insurers for Declaratory Relief

    Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

    California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations

    Attorneys' Fees Awarded as Part of "Damages Because of Property Damage"

    Condominium Construction Defect Resolution in the District of Columbia

    MGM Begins Dismantling of the Las Vegas Harmon Tower

    Carillion Fallout Affects Major Hospital Project in Liverpool

    Ceiling Collapse Attributed to Construction Defect

    School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

    Virtual Reality for Construction

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    Home Improvement in U.S. Slowing or Still Intact -- Which Is It?

    New Jersey Firm’s Fee Action Tossed for not Filing Substitution of Counsel

    Earth Movement Exclusion Bars Coverage

    California’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous Payments

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    Nevada Judge says Class Analysis Not Needed in Construction Defect Case

    Consequential Damages From Subcontractor's Faulty Work Constitutes "Property Damage" and An "Occurrence"

    Equitable Subrogation Part Deux: Mechanic’s Lien vs. Later Bank Deed of Trust

    Halliburton to Pay $1.1 Billion to Settle Spill Lawsuits

    Factor the Factor in Factoring

    Texas Windstorm Insurance Agency Under Scrutiny

    Quick Note: Insurer’s Denial of Coverage Waives Right to Enforce Post-Loss Policy Conditions

    Flood Coverage Denied Based on Failure to Submit Proof of Loss

    Georgia Supreme Court Determines Damage to "Other Property" Not Necessary for Finding Occurrence

    Jury Awards 20 Million Verdict Against Bishop Abbey Homes

    Florida Construction Defect Decision Part of Lengthy Evolution

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    Bad Faith in the First Party Insurance Context

    General Liability Alert: A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion

    Design Professionals Owe a Duty of Care to Homeowners
    Corporate Profile

    MERRIONETTE PARK ILLINOIS EXPERT WITNESS ENGINEER
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Merrionette Park, Illinois Expert Witness Engineer Group provides a wide range of trial support and consulting services to Merrionette Park's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Expert Witness Engineer News & Info
    Merrionette Park, Illinois

    Timely Legal Trends and Developments for Construction

    February 18, 2019 —
    The construction industry is broad and the legal concerns of industry members can be far-reaching. What seems like tomorrow’s problem often jumps to the forefront and becomes a high priority today. 2018 was full of moments like these – and it’s important to keep track of legal developments for a glimpse at what may be waiting around the corner. With that in mind, here are some of the most important legal developments for the construction industry from the second half of 2018. Sureties and Litigation – a Broad Topic Sureties play a vital role on construction projects. On federal jobs and state, county or municipal jobs, surety bonds are typically required. That means it’s important to stay on top of how the courts are treating surety agreements. Reprinted courtesy of Matt Viator, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    CGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying Complaint

    April 10, 2019 —
    The duty to defend an insured with respect to a third-party claim is broader than the duty to indemnify the insured for that claim. The duty to defend is triggered by allegations in the underlying complaint. However, an insurer is only required to indemnify its insured for damages covered under the policy. A recent case example demonstrating the duty to defend is broader than the duty to indemnify can be found in Southern Owners Ins. Co. v. Gallo Building Services, Inc., 2018 WL 6619987 (M.D.Fla. 2019). In this case, a homebuilder built a 270-unit condominium project where the units were included in 51-buildings. Upon turnover of the condominium association to the unit owners, the condominium association served a Florida Statutes Chapter 558 Notice of Construction Defects letter. There was numerous nonconforming work spread out among various subcontractor trades including nonconforming stucco work. The homebuilder incurred significant costs to repair defective work and resulting property damage, and relocated unit owners during repairs. The homebuilder then filed a lawsuit against implicated subcontractors. One of the implicated subcontractors was the stucco subcontractor. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Bailout for an Improperly Drafted Indemnification Provision

    February 11, 2019 —
    A recent opinion came out that held that even though an indemnification provision in a subcontract was unenforceable per Florida Statute s. 725.06, the unenforceable portion is merely severed out of the indemnification clause leaving the rest of the clause intact. In essence, an otherwise invalid indemnification clause is bailed out by this ruling (which does not even discuss whether this subcontract had a severability provision that states that if any portion of any provision in the subcontract is invalid, such invalid portion shall be severed and the remaining portion of the provision shall remain in full force and effect). This opinion arose from a construction defect case, CB Contractxors, LLC v. Allens Steel Products, Inc.,43 Fla.L.Weekly D2773a (Fla. 5thDCA 2018), where the general contractor, sued by an association, flowed down damages to subcontractors based on the contractual indemnification provision in the subcontracts. Subcontractors moved to dismiss the contractual indemnification claim because it was not compliant with Florida Statute s. 725.06. The indemnification provision required the subcontractors to indemnify the general contractor even for the general contractors own partial negligence, but failed to specify a monetary limitation on the extent of the indemnification as required by Florida Statute s. 725.06. (The indemnification clause in the subcontract was the standard intermediate form of indemnification that required the subcontractor to indemnify the general contractor for claims regardless of whether the claims were caused in part by the general contractor.) Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional Insured

    December 11, 2018 —
    Utilizing an owner-controlled or contractor-controlled insurance program (collectively known as “wrap-ups”) can reduce claims, save costs, and give owners and general contractors comfort in knowing their project is adequately insured. However, problems often arise when a subcontractor doesn’t enroll in the wrap-up and, instead, agrees to provide additional insured coverage to the owner and general contractor on the subcontractor’s own general liability policy. One of those problems is the prevalence of wrap-up exclusions on subcontractors’ general liability policies. If the wrap-up exclusion is too broadly drafted, the exclusion can eliminate coverage for the general contractor and owner even when the subcontractor is not enrolled in the wrap-up. Reprinted courtesy of K. Alexandra Byrd, Saxe Doernberger & Vita, P.C. and Samantha M. Oliveira, Saxe Doernberger & Vita, P.C. Ms. Byrd may be contacted at kab@sdvlaw.com Mr. Oliveira may be contacted at smm@sdvlaw.com Read the court decision
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    Reprinted courtesy of

    NTSB Cites Design Errors in Fatal Bridge Collapse

    November 28, 2018 —
    Design errors may have played a role in the collapse of the 174-foot-long bridge span that was under construction at Florida International University, according to a Nov. 15 investigative update from the National Transportation Safety Board (NTSB). The structure, which was being constructed over live traffic along SW 8th Street, killed six when it suffered a sudden, catastrophic collapse on March 15. Read the court decision
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    Reprinted courtesy of Scott Judy, ENR
    Mr. Judy may be contacted at judys@enr.com

    Indemnification Provisions Do Not Create Reciprocal Attorney’s Fees Provisions

    November 21, 2018 —
    In a good, recent decision, the Eleventh Circuit in International Fidelity Insurance Co. v. Americabe-Moriarity, JV, 2018 WL 5306683 (11th Cir. 2018), held that Florida Statute s. 57.105(7) cannot be used to shift attorney’s fees in a contractual indemnification clause in a dispute between a general contractor and subcontractor’s performance bond surety, when the dispute does not involve an actual indemnification claim stemming from a third-party. In this case, a prime contractor terminated a subcontractor and looked to the subcontractor’s performance bond surety to pay for the completion work. The subcontractor had a standard AIA A312 performance bond that requires the prime contractor to comply with the terms of the bond, as well as the incorporated subcontract, in order to trigger the surety’s obligations under the bond. The surety filed an action for declaratory relief against the prime contractor arguing that the prime contractor breached the terms of the performance bond through non-compliance thereby discharging the surety’s obligations. The trial court agreed and the surety moved for attorney’s fees. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    How Your Disgruntled Client Can Turn Into Your Very Own Car Crash! (and How to Avoid It) (Law Tips)

    January 21, 2019 —
    Over the summer, I was involved in a car crash. It was *not* my fault– heck, I wasn’t even driving but riding shotgun. But it wasn’t my husband’s fault either. A guy pulling out of a parking lot was watching the traffic coming up the road, but failed to see our car sitting in the same intersection waiting to turn into the same parking lot. He ran right into us. It may not look like much, but the panels were so damaged it cost almost $9k in damages, over a month of car rental fees, and a LOT of aggravation on our part. The guy who hit us was very nice, apologized, and was concerned if we were injured. His insurance company ultimately paid for all of the damage. However– it wasn’t he who suddenly got a new part time job– that was me. I had to spend lots of time with police, insurance representatives, auto body mechanics, rental car places, you name it. If you’ve ever been in an accident, you know the headache involved. In fact, I have had 2 other accidents over the years (again, neither of which were my fault– I think I’m just a beacon for bad drivers?). One of those accidents was a 4 car accident– a driver hit my car, pushing it into the car ahead, which went into the car ahead of that. In that accident, my car was actually totaled. Fun times! How is this relevant to your life as an architect or engineer? If you stay in the game (that is, the design field) long enough, chances are, you will, at some point, end up dealing with disgruntled clients. One of those clients may even file a lawsuit against you. Or, for that matter, you may end up getting sued by another party involved in your construction projects– one that you don’t even have a contract with. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Contractual Waiver of Consequential Damages

    January 21, 2019 —
    Contractual waivers of consequential damages are important, whether they are mutual or one-sided. I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of the types of consequential damages that the parties are agreeing to waive. But, what if there is no specificity in the waiver of consequential damages provision? What if the provision just states that the parties mutually agree to waive consequential damages or that one party waives consequential-type damages against the other party? Let me tell you what would happen. The plaintiff will argue that the damages it seeks are general damages and are NOT waived by the waiver of consequential damages provision. The defendant, on the other hand, will argue that the damages are consequential in nature and, therefore, contractually waived. FOR THIS REASON, PARTIES NEED TO APPRECIATE WHAT DAMAGES ARE BEING WAIVED OR LIMITED, AND POTENTIALLY THOSE DAMAGES NOT BEING WAIVED OR LIMITED, WHEN AGREEING TO A WAIVER OF CONSEQUENTIAL DAMAGES PROVISION! Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com