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

    West Chicago Illinois Building Expert 10/ 10

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

    West Chicago Illinois Building Expert 10/ 10

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

    West Chicago Illinois Building Expert 10/ 10

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

    West Chicago Illinois Building Expert 10/ 10

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

    West Chicago Illinois Building Expert 10/ 10

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

    West Chicago Illinois Building Expert 10/ 10

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

    West Chicago Illinois Building Expert 10/ 10


    Building Expert News and Information
    For West Chicago Illinois


    Contractors Sued for Slip

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    Negligent Construction an Occurrence Says Ninth Circuit

    Exception to Watercraft Exclusion Does Not Apply

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    WEST CHICAGO ILLINOIS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 5500 construction defect and claims related expert witness designations, the West Chicago, Illinois Building Expert Group provides a wide range of trial support and consulting services to West Chicago's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    West Chicago, Illinois

    Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

    December 11, 2018 —
    In Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (No. 2017-0514, October 9, 2018), the Supreme Court of Ohio was recently called upon to determine if a general contractor’s Commercial General Liability (CGL) insurance policy provided coverage for defective work completed by its subcontractor. Rejecting the majority trend, the court held that, because the subcontractor’s faulty work was not an “occurrence” caused by an accident – i.e. a fortuitous event – within the meaning of the contractor’s CGL policy, the insurer did not have to defend or indemnify the contractor with respect to the plaintiff’s claims. Read the court decision
    Read the full story...
    Reprinted courtesy of Shannon M. Warren, White and Williams LLP
    Ms. Warren may be contacted at warrens@whiteandwilliams.com

    Construction Defect Risks Shifted to Insurers in 2013

    December 11, 2013 —
    Recent court decisions have tended to view construction defects as covered under insurance policies, “allowing construction companies to shift the costs of their faulty workmanship to their insurers, thereby reversing the previous public policy trend against coverage for such claims.” John Husmann and Adam Fleischer of Bates Carey Nicolaides review some of the 2013 decisions that reversed “the previous public policy trend against coverage for such claims.” They note that “for some time, courts have recognized that there is a public policy against allowing construction companies to get paid to perform faulty workmanship, and then force their insurers to be the financers for the repair and replacement costs.” But in 2013, the courts “strayed from those public policy considerations upon which previous decisions relied.” With reference to specific cases and decisions, they discuss three ways in which the courts have change course. The first is whether faulty workmanship is an “occurrence.” The next is if faulty workmanship is covered when it damages non-faulty work of the same project. And finally, whether exclusions for particular parts of the property extend to the work done in that area. Read the court decision
    Read the full story...
    Reprinted courtesy of

    U.S. District Court for Hawaii Again Determines Construction Defect Claims Do Not Arise From An Occurrence

    August 27, 2013 —
    In a decision authored by Judge Leslie E. Koybayashi, the U.S. District Court for the District of Hawaii followed its prior decisions that construction defect claims were not covered because such claims do not arise from an occurrence. Nautilus Ins. Co. v. 3 Builders, Inc., 2013 U.S. Dist. LEXIS 88480 (D. Haw. June 24, 2013). 3 Builders, the insured, was sued by the Apartment Owners of Mililani Pinnacle for the faulty installation of a new roof. Pinnacle claimed the completed roofs were not properly installed.complaint alleged breach of contract, breach of the duty of good faith and fair dealing, negligence, and other causes of action. 3 Builders tendered the defense to Nautilus, who accepted the tender and defended for three years. Nautilus, however, filed a complaint for a declaratory judgment on its coverage obligations. Nautilus sought summary judgment, contending there was no coverage because all of the claims arose from the contractual relationship to perform the roof work, and a breach of contract was not the type of fortuitous event covered by a CGL policy under Hawaii law. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred Eyerly
    Tred Eyerly can be contacted at te@hawaiilawyer.com

    Eleventh Circuit Asks Georgia Supreme Court if Construction Defects Are Caused by an "Occurrence"

    December 20, 2012 —
    The Eleventh Circuit certified a question to the Georgia Supreme Court, asking whether property damage can constitute an "occurrence" under a CGL policy where its effects are not felt on "other property." HDI-Gerling Am. Ins. Co. v. Morrison Homes, Inc., 2012 U.S. App. Ct. LEXIS 23813 (11th Cir. Nov. 19, 2012). The general contractor, Taylor Morrison Services, Inc., was covered by a CGL policy issued by Gerling. The policy excluded "expected or intended injury," contractual liability," and business risk exclusions. Morrison was sued by homeowners in a class action suit. Morrison had allegedly omitted four inches of gravel required beneath the base of the concrete foundations by the Uniform Building Code. Thereafter, the houses sustained water intrusion, cracks in the floors and driveways, and warped and buckling flooring. Gerling defended, but sued Morrison for a declaratory judgment. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii.
    Mr. Eyerly can be contacted at te@hawaiilawyer.com

    Housing to Top Capital Spending in Next U.S. Growth Leg: Economy

    September 24, 2014 —
    Bruce Hottle’s $10,000 computer systems upgrade in February at his Pennsylvania concrete plant may be his last investment for another two years. More than 1,100 miles south in suburban Miami, Maggie Cruz-Ledon and her husband have set a 2015 deadline to buy a house, upping their budget in the process. Hottle’s and Cruz-Ledon’s plans represent a sneak peek into the next leg of the expansion. Housing and business capital spending, two areas closely tied to swings in the world’s largest economy, are poised to diverge as home construction gives growth more of a boost in the long run while investment in new plants and equipment shows less promise, according to economists at Goldman Sachs Group Inc. and Morgan Stanley. Read the court decision
    Read the full story...
    Reprinted courtesy of Shobhana Chandra, Bloomberg
    Ms. Chandra may be contacted schandra1@bloomberg.net

    Ensuing Losses From Faulty Workmanship Must be Covered

    May 10, 2012 —

    Coverage for damages resulting from faulty workmanship in the construction of an apartment complex was at issue in The Bartram, LLC v. Landmark Am. Ins. Co., 2012 U.S. Dist. LEXIS 44535 (N.D. Fla. March 30, 2012).

    The owner of the apartments, Bartram, had primary coverage and three layers of excess coverage. Each contract excluded loss from faulty workmanship. The policies provided, however, "if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage."

    Bartram contended water intrusion occurred because of faulty workmanship, which caused damage to the buildings’ exterior and interior finishes, wood sheathing, framing, balcony systems, drywall ceilings and stucco walls. This damage was separate from the work needed to simply fix the faulty workmanship. Therefore, Bartram argued, the ensuing losses that resulted from the water intrusion was covered.

    The insurer argued the ensuing loss exception was not applicable if the ensuing loss was directly related to the original excluded loss.

    Read the full story…

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

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

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    April 09, 2014 —
    In Arkansas, a workers’ compensation carrier’s subrogated recovery is subject to a determination of whether the injured worker—or, as the case may be, the worker’s surviving beneficiaries—has been “made whole” by the worker’s recovery against the third party tortfeasor. See, e.g., Yancey v. B & B Supply, 213 S.W.3d 657, 659 (Ark. App. 2005) (“An insured’s right to be made whole takes precedence over an insurer’s right to subrogation, and an insured must be fully compensated before the insurer's right to subrogation arises.”) [1] More often than not, a “made whole” determination will completely eradicate the carrier’s lien. But under the right circumstances, a workers’ compensation carrier may be able to avoid the harsh outcome of “made whole” by intervening in a pending third party action and subsequently filing a motion for dépeçage—i.e., the conflict of laws principle requiring the court to conduct a separate choice of law analysis for discrete issues in a given case. A motion for dépeçage, in this sense, would demand that the court conduct a choice of law analysis to determine what state’s workers’ compensation subrogation law will apply on reimbursing a carrier’s lien. We recently exploited this often underutilized tactic—to avoid Arkansas’ made whole doctrine—in a case involving a fatal plane crash in Louisiana. In that case, the deceased worker and his beneficiaries were residents of Louisiana; the accident took place in Louisiana; the worker was officially employed in Louisiana; and the workers’ compensation insurance policy was governed by, and benefits were paid under, Louisiana law. The only “contact” with Arkansas [2], meanwhile, was that Arkansas was the defendant’s domicile. Read the court decision
    Read the full story...
    Reprinted courtesy of Robert M. Caplan, White and Williams LLP
    Mr. Caplan may be contacted at caplanr@whiteandwilliams.com

    No Hiring Surge by Homebuilders Says Industry Group

    February 14, 2013 —
    Looking at data from the Bureau of Labor Statistics, the National Association of Home Builders found that while hiring levels in construction remain strong, there hasn’t been a surge in hiring in this particular sector. December found 92,000 open construction position, with the NAHB noting that home builders are still concerned about finding qualified workers. While there has not been surge in hiring, home building is on the increase. The NAHB says that “this could be due to increased hours for existing workers,” which would not be “a sustainable situation.” Read the court decision
    Read the full story...
    Reprinted courtesy of