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Posts from the ‘Construction Law’ Category

Illinois Amends Construction Statute of Repose To Exclude Asbestos Claims, But Amendment Not Be Retroactive In Certain Cases

Amendment Excludes Asbestos Claims

In December, 2014, former Governor Pat Quinn signed Public Act 98-1131, § 5, into law, adding Subsection (f) to Illinois’ Construction Statute of Repose (735 ILCS 5/13-214) to exclude claims based on personal injury, disability, disease, or death resulting from the “discharge into the environment of asbestos.”  All other language of the statute remains unchanged.  The relevant text of the statute, as amended, reads as follows:

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Contractual Provisions Minimizing Exposure/Losses in Missouri and Illinois

Parties entering into commercial contracts in Missouri and Illinois have available to them a number of risk limiting and shifting devices. However, in order to be enforceable, they must be drafted with care. Courts are often reluctant to allow an unconscionable result occur in the enforcement of an agreement, but generally allow parties to freely contract; even to enter into a “bad bargain,” if they are sophisticated consumers. This article reviews a few of these devices, on a high level, and shows how certain language is either enforced or interpreted by the courts.  Read more

Limitation of Liability Clauses in Construction Contracts – Is Mine Enforceable?

On June 16, 1887, 150 years ago, Mr. Frank Primrose walked into the Philadelphia Western Union office with an encoded message for his agent dispatched to Ellis, Kansas to purchase wool. The message was sent, but no reply message was asked for, or paid for. Instead of sitting tight for further word, (because Primrose had just purchased all the wool he needed), his agent began to buy up all the wool he could, assuming those were his instructions. However, Western Union made a mistake in transcribing only one letter of the message, which made a huge difference in the content of the code they were using. All of this cost Mr. Primrose $20,000.00, a handsome sum in those times, and he sued Western Union for their mistake. Read more