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
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
PARTITION OF REAL ESTATE IS AN OPTION WHEN PEOPLE DO NOT HAVE A WRITTEN AGREEMENT TO DEAL WITH PROPERTY ISSUES
When people own real property with no written agreement, the individuals will need to resolve any issues by agreement or filing a partition claim. If by agreement, then no court intervention is required. There are several types of documents that can memorialize the agreement between people to deal with their real property issues. For example, to name a few: a partnership agreement; joint sale agreement; or occupancy agreement. The type of document depends upon the goals and interests of the people
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
Illinois Law Requires All Employers To Provide Sexual Harassment Prevention Training
The State of Illinois requires that ALL Employers, with any employees, must provide sexual harassment prevention training once every year. The Department of Human Rights is required to provide a model program that Employers can use, but are not required to use that specific program. In order to qualify as proper sexual harassment prevention training, the program must include the following: 1) an explanation of sexual harassment as provided by the Illinois Human Rights Act; 2) provide examples of
