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 Illinois Mechanic Lien Act. In determining whether material or equipment (“Work”) installed upon the Property is a permanent improvement, the Court considers three (3) factors: 1) the nature of the attachment to the Property; 2) the adaption and necessity of the Work to the Property; and 3) whether the Parties intended on the
Top 10 Clauses For Every Construction Contract
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) Explain Allowances vs. Furnished Items by Owner: The amount and description of the allowances and items furnished by owner should be specifically identified. Attach an exhibit, plans or specifications, if available. 3) Change Order Process: Provide the procedures to be used when any of the
CONTRACTORS CAN PREVENT UNLIMITED LIABILITY BY NARROWING INDEMNITY CONTRACT CLAUSES
In a 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 argued that the General Contractor was liable for all the damages to the Public Entity as a result of the Subcontractor’s lien claim, since the General Contractor did obtain a payment bond. However, the Public Entity’s contract with the General Contractor did
CERTIFIED PAYROLLS NOW TO BE SUBMITTED ONLINE
Public Act 100-1177 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 contractors to use to submit certified payrolls. The Department of Labor’s online certified payroll submittal site is now live at www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx. As the Illinois Department of Labor’s website for online submission of certified payroll
