by Kent Holland | Nov 8, 2021 | Newsletter Article
Where a city default terminated its construction contractor that was building the nation’s first arterial roadway with pervious concrete, the contractor filed suit against the city challenging the default, and asking the court to turn it into a convenience...
by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article
An indemnity clause in an architect’s contract with its client (building developer) was found void for violating anti-indemnity statute applicable to “contractors” performing work on “any contract relating to construction” because it required indemnity “for any and...
by Kent Holland | Feb 28, 2019 | Newsletter Article
By Ken A. Slavens, Esq. Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly...
by Kent Holland | Nov 15, 2017 | indemnification clause, Newsletter Article
An indemnity clause in an easement agreement required the indemnitor (contractor) to pay the Indemnitees (adjoining property owner) first party attorneys fees that were incurred in suing the contractor for property damages. This was a “Crane Swing, Tie Back and Swing...
by Kent Holland | May 6, 2014 | Newsletter Article
By: Paul Porvaznik, Esq. A triple shot of defeat. Actually, more like a quadruple shot. The defendant in Fraser v. Jackson, 2014 IL App (2d) 130283, lost at trial in a personal injury suit, his expert was barred from testifying as a discovery sanction, his...
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