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    Expert Witness Engineer Builders Information
    Oak Forest, 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 Oak Forest Illinois

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


    Expert Witness Engineer Contractors Building Industry
    Association Directory
    SouthWest Suburban Home Builders Association
    Local # 1432
    10767 W 163rd Pl
    Orland Park, IL 60467

    Oak Forest Illinois Expert Witness Engineer 10/ 10

    Northern Illinois Home Builders Association Inc
    Local # 1434
    3695 Darlene Ct Ste 102
    Aurora, IL 60504

    Oak Forest Illinois Expert Witness Engineer 10/ 10

    Home Builders Association of Greater Fox Valley
    Local # 1431
    PO Box 1146
    Saint Charles, IL 60174

    Oak Forest Illinois Expert Witness Engineer 10/ 10

    Home Builders Association of Greater Chicago
    Local # 1425
    5999 S. New Wilke Rd Ste 104
    Rolling Meadows, IL 60008

    Oak Forest Illinois Expert Witness Engineer 10/ 10

    Home Builders Association of Kankakee
    Local # 1445
    221 S Schuyler Ave Ste B
    Kankakee, IL 60901

    Oak Forest Illinois Expert Witness Engineer 10/ 10

    Home Builders Association of the Greater Rockford Area
    Local # 1465
    631 N Longwood St Suite 102
    Rockford, IL 61107

    Oak Forest Illinois Expert Witness Engineer 10/ 10

    Home Builders Association of Greater Peoria
    Local # 1455
    1599 N Main Street
    East Peoria, IL 61611

    Oak Forest Illinois Expert Witness Engineer 10/ 10


    Expert Witness Engineer News and Information
    For Oak Forest Illinois


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    OAK FOREST ILLINOIS EXPERT WITNESS ENGINEER
    DIRECTORY AND CAPABILITIES

    The Oak Forest, Illinois Expert Witness Engineer Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Expert Witness Engineer News & Info
    Oak Forest, Illinois

    Contractual Waiver of Consequential Damages

    January 02, 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
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage

    December 11, 2018 —
    Earlier this month, in Frederick Mutual Insurance Company v. Hall, the U.S. Court of Appeals for the Third Circuit concluded that coverage for faulty workmanship claims is “simply not the kind of coverage insurance agents and insurance companies expect to provide” to construction industry professionals “unless the insured explicitly requests such coverage.” 2018 U.S. App. LEXIS 31666, at *9 (3d Cir. Nov. 8, 2018). In Hall, a stone masonry contractor was sued by its customer for causing over $350,000 in property damage resulting from “substandard and defective work” performed on the customer’s residence. The insurer sought a declaration that it owed neither a defense nor indemnity for those damages because, under Pennsylvania law, the policy did not cover property damage caused by faulty workmanship. Read the court decision
    Read the full story...
    Reprinted courtesy of Timothy Carroll, White and Williams LLP
    Mr. Carroll may be contacted at carrollt@whiteandwilliams.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
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    The Golden State Commits to Going Green – Why Contractors Will be in High Demand to Build the State’s Infrastructure

    November 28, 2018 —
    On September 10, 2018 California’s Governor took an ambitious stance on environmental policy and signed Senate Bill 100 (“SB100”). The bill accelerates several Renewables Portfolio Standards (“RPS”) deadlines previously established by former Governor Arnold Schwarzenegger. The bill’s most notable effect—it requires that 100 percent of California’s electricity come from renewable and zero-carbon sources by 2045. California is the second state in the nation to pass such legislation; Hawaii passed a similar bill in 2015. The passage of this bill could not be timelier as wildfires, drought, and record high temperatures continue to make national headlines. California, as it often does, has taken a contrarian position as the federal government attempts to reinvigorate the coal mining industry in America. Coal and other fossil fuels used to produce energy increase air pollution and deplete necessary ozone. California has been experimenting and utilizing renewable energy technology since as early as 1997. According to the California Energy Commission, by the end of 2017 California generated approximately 32 percent of its energy from renewable sources. Reprinted courtesy of Karla Pascarella, Peckar & Abramson, P.C. and Alexa Magrath, Peckar & Abramson, P.C. Ms. Pascarella may be contacted at kpascarella@pecklaw.com Ms. Magrath may be contacted at amagrath@pecklaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    NTSB Issues 'Urgent' Recommendations After Mass. Pipeline Explosions

    November 28, 2018 —
    The National Transportation Safety Board has issued urgent safety recommendations in the wake of September’s natural-gas explosions and fires in the Merrimack Valley area of Massachusetts that killed one person and resulted in at least 21 others, including two firefighters, going to the hospital. Read the court decision
    Read the full story...
    Reprinted courtesy of Tom Ichniowski, ENR
    Mr. Ichniowski may be contacted at ichniowskit@enr.com

    Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions

    November 06, 2018 —
    The Office of Information and Regulatory Affairs, housed in the Office of Management and Budget, has issued the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions to be taken over the next several months by federal executive departments and agencies. This report will highlight some of the environmental actions, to be proposed or finalized soon by these agencies. Eventually, the Agenda will be published in the Federal Register. 1. Environmental Protection Agency (EPA) EPA, of course, has listed by far the largest number of actions. For instance, EPA’s agenda lists 92 separate actions to be taken under its Clean Air Act (CAA) authority. As an example, EPA reports that it will issue a Notice of Proposed Rulemaking (NPRM) in May 2019 of its proposals to increase consistency and true transparency in considering the cost benefit of its proposed rules, and review the standards of performance for new, modified, and reconstructed sources of greenhouse gas emissions by means of an NPRM to be issued in November 2018. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

    February 27, 2019 —
    Reversing a Texas Court of Appeals decision that allowed Anadarko’s Lloyd’s of London excess insurers to escape coverage for more than $100 million in defense costs incurred in connection with claims from the Deepwater Horizon well blowout, the Supreme Court of Texas held that the insurers’ obligations to pay defense costs under an “energy package” liability policy are not capped by a joint venture coverage limit for “liability” insured. Anadarko Petroleum Corp. et al. v. Houston Casualty Co. et al., No. 16-1013 (Tex. Jan. 25, 2019). While the Lloyd’s of London insurers had agreed to pay Anadarko $37.5 million for damages, they declined to cover $100 million-plus in defense fees, arguing that both Anadarko’s liability and defense expenses are subject to the $37.5 million joint venture limit for “liability” insured. Anadarko asserted that only amounts paid as damages to third parties are subject to that limit. Defense costs, however, are not amounts paid as damages to a third party and, thus, are not a “liability.” Those amounts, therefore, are not subject to the joint venture limit and are instead subject to the policy’s $150 million coverage limit. Reprinted courtesy of Sergio F. Oehninger, Hunton Andrews Kurth and Michael S. Levine, Hunton Andrews Kurth Mr. Oehninger may be contacted at soehninger@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    CAPSA Changes Now in Effect

    November 14, 2018 —
    Back in June, I posted about changes coming to the Pennsylvania Contractor and Subcontractor Payment Act (CAPSA), 73 P.S. Section 501, et. seq. The Act applies to virtually all private construction projects in Pennsylvania. As of last week (Oct. 10), those changes are effective. While there is some argument to the contrary, these changes are NOT retroactive and apply to all projects going forward from that date. To recap, here are some of the important changes you need to be aware of:
    1. Contractual waivers. Parties cannot waive the applicability of the act through contract. Therefore, any clause in a contract purporting to waive the Payment Act’s applicability is void.
    2. Suspension of work. Unpaid contractors and subcontractors have always enjoyed a common law right to suspend performance until payment was made. Now, they also have a statutory right to do so. Section 5 of the Payment Act ads a subpart (e) which states that an unpaid contractor or subcontractor can suspend performance without penalty if it is not paid.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com