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Under a recent Illinois appellate court decision, local Illinois construction industry groups were held to have standing to sue Cook County, Illinois, but those groups lost on their substantive claim that the County had violated an amendment to the Illinois Constitution. See Illinois Road and Transportation Builders Association v. County of Cook, 2021 IL App (1st) 190396, 2021 WL 824842 (Mar. 3, 2021).
Our construction group provides updates focusing on: 1) new changes to the Buy American regulations, and 2) how Executive Order 14005, which limits waivers of Buy American Requirements, is of importance to construction companies that work on federal projects.
A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act, G.L. c. 149, § 29E, which applies to most projects with a prime contract worth more than $3 million. See Tocci v. IRIV Partners, LLC, et al., Suffolk Superior Court, 1984CV000405 (November 19, 2020).
Public construction in Pennsylvania and elsewhere continues to present substantial challenges to local governmental entities, especially in current circumstances. While some projects have been deferred, the normal course of public construction programs is likely to resume. Local governments, and their design professionals, can take advantage of what observations and experience have taught us about best practices in undertaking and completing public construction projects. In this article, we discuss one of these – preparation of “front-end” bidding documents in a form extensively revised from standard AIA documents.
On June 29, 2020, the Michigan Supreme Court ruled that a subcontractor’s commercial general liability (CGL) insurance policy may provide a contractor listed as an additional insured on the CGL policy with insurance coverage for correcting the subcontractor’s faulty work. See Skanska USA Bldg. Inc. v. M.A.P. Mech. Contractors, Inc., No. 159510, 2020 WL 3527909 (Mich. June 29, 2020). The court held that unintentionally faulty subcontractor work that damages an insured’s work may constitute an “accident” for an additional insured under the subcontractor’s CGL policy.