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Articles Posted in Construction Contracts

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$5.66 Million Jury Verdict for Injured at Collapsed Self-Storage Unit

Stephen Wolkoff, 65, rented a self-storage unit from Sunshine Storage Inc. There was a loft storage unit above Wolkoff’s storage unit. The floor of the loft comprised the ceiling of Wolkoff’s storage unit. When Wolkoff was inside his unit, the ceiling above him collapsed crushing him beneath 3,000 pounds of…

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U.S. Court of Appeals for the 7th Circuit Has Affirmed Dismissal of Third Party Counterclaim Involved in an Electrocution Case

Gamesa Technology Corp. entered into a contract with Minnesota-based Outland Renewable Energy to provide maintenance for Gamesa’s wind turbines. Iberdrola Renewables Inc. runs the Gamesa-made turbines at the Cayuga Wind Farm located in Livingston County, Ill. While servicing a Cayuga turbine, one of Outland’s employees, Aaron McCoy, was electrocuted when…

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Illinois Law Allows a Dissolved Corporation to be Sued for Any Claim that Existed Before its Dissolution For Up To Five Years

According to the Illinois Appellate Court, a corporate condominium association that was dissolved is in a legal standing the same as that of a dead natural person such as found in the case of Markus v. Chicago Title & Trust, 373 Ill.557 (1940). Under Illinois §12.80 of the Business Corporation…

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Illinois Appellate Court Affirms Dismissal of Trial Court’s Decision Dismissing Condominium Association Lawsuit Against Contractors for Defective Construction Work

The plaintiff, Michigan Indiana Condominium Association, is a 119-unit residential condominium complex (the “Complex”).  Optima was the general contractor and selected a variety of subcontractors to do the construction work.  Construction was completed in June 2002.  One of the contractors was Jenni and Loucon.  Loucon was the masonry contractor.  On…

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U.S. Court of Appeals Finds Duty to Indemnify in Construction Injury Case

The 7th Circuit Court of Appeals in Chicago has reversed a district court judge’s decision in a case involving an indemnification clause in a contract. Robert Krien was an employee of Riley Construction.  Riley was the general contractor on a construction project located in Wisconsin.  Riley in turn, hired Harsco…

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Illinois Appellate Court Finds That Duty to Defend an Additional Insured May Be Based on Pleadings and Other Documents

In October 2007, John Walls suffered a work injury at I-Maxx Metalworks Inc. when “a stair stringer and/or perimeter cable protection failed.” Walls filed suit against I-Maxx, Turner Construction, Frontier Construction and against Waukegan Steel Sales. The lawsuit alleged that Waukegan Steel negligently chose not manage, operate and maintain the work…

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Court Reverses Summary Judgment Order in Contract Case Where Questions of Fact Remained

Archon Construction Co. was hired by the defendant U.S. Shelter to install a sewer system for a development, which was a small residential subdivision in Elgin. The contract between the parties was signed on June 5, 2005 and specified the types and quantities of material to be used by Archon.  For…

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