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    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.

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

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    Association Directory
    SouthWest Suburban Home Builders Association
    Local # 1432
    10767 W 163rd Pl
    Orland Park, IL 60467

    Oswego Illinois Building Expert 10/ 10

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

    Oswego Illinois Building Expert 10/ 10

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

    Oswego Illinois Building Expert 10/ 10

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

    Oswego Illinois Building Expert 10/ 10

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

    Oswego Illinois Building Expert 10/ 10

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

    Oswego Illinois Building Expert 10/ 10

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

    Oswego Illinois Building Expert 10/ 10

    Building Expert News and Information
    For Oswego Illinois

    Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims

    TARP Funds Demolish Homes in Detroit to Lift Prices: Mortgages

    Remodel Gets Pricey for Town

    Chinese Billionaire Sues Local Governments Over Project Payment

    Alabama Supreme Court States Faulty Workmanship can be an Occurrence

    Bad Welds Doom Art Installation at Central Park

    Wall Street Journal Analyzes the Housing Market Direction

    Who Will Pay for San Francisco's $750 Million Tilting Tower?

    Proposed Changes to Federal Lease Accounting Standards

    Florida trigger

    California Restricts Principles of “General” Personal Jurisdiction

    Court Upholds Plan to Eliminate Vehicles from Balboa Park Complex

    The Contributors to This Blog Are Pleased to Announce That….

    Colorado’s Need for Condos May Spark Construction Defect Law Reform

    The Flood Insurance Reform Act May be Extended to 2016

    Court’s Ruling on SB800 “Surprising to Some”

    #11 CDJ Topic: Cortez Blu Community Association, Inc. v. K. Hovnanian at Cortez Hill, LLC, et al.

    No Coverage For Construction Defects Under Alabama Law

    The Future of Construction Defects in Utah Unclear

    Harmon Hotel Construction Defect Update

    Holding the Bag for Pre-Tender Defense Costs

    Mediation Scheduled for Singer's Construction Defect Claims

    No Duty to Defend Suit That Is Threatened Under Strict Liability Statute

    Seattle Council May Take a New Look at Micro-Housing

    Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

    Environmental Suit Against Lockheed Martin Dismissed

    California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage

    Manhattan Home Prices Jump to a Record as Buyers Compete

    Duty to Defend Affirmed in Connecticut Construction Defect Case

    Builder Survey Focuses on Green Practices of Top 200 Builders

    Conflicting Exclusions Result in Duty to Defend

    Previously Owned U.S. Home Sales Rise to Eight-Month High

    The Multigenerational Housing Trend

    New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases

    Neighbor Allowed to Remove Tree Roots on Her Property That Supported Adjoining Landowners’ Two Large Trees With Legal Immunity

    Colorado Homes Approved Despite being Too Close Together

    Alleged Serious Defects at Hanford Nuclear Waste Treatment Plant

    Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually

    2017 Construction Outlook: Slow, Mature Growth, but No Decline, Expected

    Builders Seek to Modify Scaffold Law

    Improvements to AIA Contracts?

    Punchlist: The News We Didn’t Quite Get To – May 2016

    Sales of New U.S. Homes Fell in February to Five-Month Low

    Coverage Doomed for Failing Obtain Insurer's Consent for Settlement

    Cost of Materials Holding Back Housing Industry

    Canada Cooler Housing Market Boosts Poloz’s Soft Landing

    Illinois Non-Profit Sues over Defective Roof

    Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

    California Court Confirms Broad Coverage Under “Ongoing Operations” Endorsements

    Home Sales and Stock Price Up for D. R. Horton
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    The Oswego, Illinois Building Expert Group at BHA, leverages from the experience gained through more than 5,500 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Oswego's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Oswego, Illinois

    Is it the End of the Story for Redevelopment in California?

    October 02, 2015 —
    Long, long ago (in 2012 to be exact) in a land not so far away (also known as California), legislation which allowed local governments to establish redevelopment agencies tasked with eliminating blight through the development, reconstruction and rehabilitation of residential, commercial, industrial and retail districts were abolished. Note: For a relatively concise history of redevelopment in California see the U.S. Department of Housing and Urban Development’s working paper Redevelopment Agencies in California: History, Benefits, Excesses, and Closure (January 2014). A quite war has been waged ever since. Cities, community development commissions, successor agencies to redevelopment agencies, nonprofit housing corporations and individual taxpayers have fought the legislation (AB 1X 26 (Blumenfield 2011)) which eliminated California’s 425 redevelopment agencies, principally, on constitutional grounds. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Architectural Democracy – Interview with Pedro Aibéo

    July 13, 2017 —
    In this podcast interview with Pedro Aibéo, we discuss Architectural Democracy, a research project, and its practical implementations. Architectural Democracy started as a doctoral research by Pedro Aibéo, architect and civil engineer. Pedro has been doing his research at Aalto Bim Lab, Aalto University School of Engineering. The project has now grown into a larger working group of researchers and entrepreneurs who are currently putting in practice the developed technologies. Pedro’s research “aims at investigating possibilities and benefits of combining existing technologies (Smartphones and BIM) in collaboration with government policies, in order to include end-users as participants in the decision making process of the built environment.” Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Construction Defect Lawsuits Hinted for Dublin, California

    February 07, 2013 —
    Without naming the community, the blog Around Dublin says that a condo community in Dublin, California may be prepping for a construction defect lawsuit. According to the article, the problems include a façade peeling away from the building, cracks in walls and granite countertops, and issues with both the HVAC systems and the plumbing. The homeowners association is said to have insufficient reserve funds to address the problems. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Nine Firm Members Recognized as Super Lawyers or Rising Stars

    June 29, 2017 —
    While we avoid using this blog as a platform for self-promotion, we recently received share-worthy distinctions, which both flatter and humble us. We invite you, our loyal readers, to celebrate in our success, which in great measure is due to you. John P. Ahlers, one of the firm's founding partners, was ranked third overall across all practicing industries in Washington 2017 Super Lawyers and founding partner Paul R. Cressman, Jr. was ranked in the Top 100. The following other firm members were also recognized as Super Lawyers: Founding partner Scott R. Sleight, Bruce A. Cohen (Partner), Brett M. Hill (Partner), and Lawrence Glosser (Partner). In addition, Ryan W. Sternoff (Partner), James R. Lynch (Partner), Tymon Berger (Associate), and Lindsay (Taft) Watkins (Associate) were selected as Super Lawyers Rising Stars. Over half of the firm's lawyers received Super Lawyers distinction. Read the court decision
    Read the full story...
    Reprinted courtesy of Ceslie Blass, Ahlers & Cressman PLLC

    Texas School District Accepts Settlement Agreement in Construction Defect Case

    October 08, 2014 —
    The Pine Tree ISD Board of Trustees “voted to accept a mediated settlement agreement to end litigation concerning the District’s middle school and its construction issues,” according to KETK News. Pine Tree ISD, located in Longview, Texas, “sued a number of defendant companies for construction and design defects at that campus.” The school district “will receive the total sum of $820,500,” which “will cover the District’s costs in remediating the campus to repair the construction problems, as well as implementing new systems designed to prevent future issues, both of which came out of the District’s general fund.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Fraud, the VCPA and Construction Contracts

    November 26, 2014 —
    I’ve discussed the economic loss rule here at Musings on several occasions. The economic loss rule basically states that where one party assumes a duty based in contract or agreement, the Virginia courts will not allow a claim for breach of that duty to go forward as anything but a contract claim. This doctrine makes fraud claims nearly, though not absolutely, impossible to maintain in a construction context. In a majority of instances, fraud and construction contracts are very much like oil and water, leaving parties to fight it out over the terms of a particular contract despite actions by one party or the other that non-lawyers would clearly see as fraud. However, a recent case decided by the Virginia Supreme Court gives at least some hope to those who are seemingly fooled into entering a contract that they would not other wise have entered into. In Philip Abi-Najm, et. al, v Concord Condominium, LLC, several condominium purchasers sued Concord under for breach of contract, breach of the Virginia Consumer Protection Act (VCPA) and for fraud in the inducement based upon flooring that Concord installed that was far from the quality stated in the purchase contract. Based upon these facts, the Court looked at two questions: 1. Did a statement in the contract between Concord and the condo buyers create a situation in which the merger doctrine barred the breach of contract claim, and 2. Did the economic loss rule bar the VCPA and fraud claims? Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at

    Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall

    November 18, 2011 —

    Exclusions barred the homeowners from recovering for losses caused by Chinese drywall in their home. Ross v. C. Adams Const. & Design, L.L.C., 2011 La. App. LEXIS 769 (La. Ct. App., released for publication Oct. 5, 2011).

    Two years after purchasing their home, the Rosses began experiencing chronic malfunctions in the heating, ventilation and air conditioning system. After discovering the presence of gypsum drywall, or "Chinese drywall", they submitted a claim to their insurer, Louisiana Citizens Property Insurance Company, for damages caused by the Chinese drywall. Louisiana Citizens denied the claim.

    The Rosses sued. The trial court granted summary judgment to Louisiana Citizens based upon exclusions in the policy.

    On appeal, the appellate court first agreed the Rosses had sustained a direct physical loss. The inherent qualities of the Chinese drywall created a physical loss to the home and the drywall had to be removed and replaced.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Coping with Labor & Install Issues in Green Building

    October 08, 2014 —
    Builder reported on the problem that builders have with using green techniques—finding skilled laborers and subs. “If a green product is not installed correctly it most likely won’t do its job,” building scientist Carl Seville said to Builder. Austin Trautman of Vali Homes told Builder that the biggest problem he had with his first net-zero prototype house was the HVAC work. “It’s actually a simpler system with straightforward installation, but they just couldn’t figure it out.” Cliff Majersik, executive director of the Institute for Market Transformation, said that teaching subs the new techniques is worthwhile: “Once you know how to do it, an energy-efficient house can even be less expensive to build.” Read the court decision
    Read the full story...
    Reprinted courtesy of