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HWH Commercial & Litigation Alerts

March 27, 2018

Deciding who Decides: the Supreme Court Revisits Arbitrability

This fall, the United States Supreme Court will hear argument in Oliveira v. New Prime, Inc., a case which may very well have implications for the enforceability of some arbitration provisions contained in construction contracts. In Oliveira, the First Circuit added an exception to the long-standing rule, originating with the Prima Paint decision and further refined in Rent-A-Center, that questions related to the validity of an arbitration provision itself are matters for the court to resolve, except in circumstances where the parties have agreed to have the arbitrator decide such gateway questions of arbitrability.

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APRIL 2017


There are countless ways for a construction project to go awry. The first claims that come to mind are those based on delays or defective workmanship, but perhaps even more common are the potential claims which arise when a general contractor does not receive payment from the owner, but remains potentially liable to its subcontractors for work performed. Like most construction disputes, the answer to the question of whether or when a general contractor is liable for payment to its subcontractors starts (and often ends) with the language of the contract.

For more on this article, CLICK HERE.

Removing Cloud of Title, But Adding Cloud of Additional Liability

On January 1, 2016, the latest addition to the Illinois Mechanics Lien Act, Section 38.1, will take effect.  Section 38.1 of the Act will permit an owner (or other person liable for payment of a lien claim, such as a general contractor) to substitute an eligible surety bond for the lien filed on the property.  A summary and analysis of this new Section can be found HERE.

Illinois Supreme Court Holds that All Illinois Public Construction Bonds are "Deemed" to Include Both a Performance and Payment Guarantee

Last month, in Lake County Grading Company, LLC v. Village of Antioch, the Illinois Supreme Court handed down a ruling concerning bonds procured under the Illinois Public Construction Bond Act. A summary and analysis of this seminal case can be found HERE.

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