Construction Law Update – February 2012
There are multiple signs that the industry may be in the very early stages of a rebound. We would like to update you with a summary of a recent Illinois Appellate Court decision, prepared by one of our Construction Practice Group attorneys, Jeanine Oury, that bodes well for limiting tort liability for fabricators and material suppliers by allowing for contractual delegation of control to, what many would argue, the appropriate level of responsibility, i.e. the specialty contractor performing the work. The case Oshana v. FCL Builder is a further step in the right direction for Illinois courts understanding the practical realities of the construction process. Click here to read our overview.
In that same vein, you may want to review the appellate decision in O'Connell v. Turner, a case that Tim Epstein and Dennis Cotter handled, with Tim's motion for summary judgment withstanding appeal attempts all the way to the Supreme Court, holding in favor of a construction manager. Click here to read our overview.
This alert was written by Dennis Cotter.