Welcome to the December 2015 edition of the Construction Law Update, an e-publication that features articles authored by the attorneys in Barnes & Thornburg LLP's Construction practice group.
Condominium Developers Beware! New Illinois Supreme Court Decision Confirms Chicago Municipal Code Creates a Broad Private Cause of Action for Misrepresentation
By Clifford J. Shapiro and Laura Luisi
This past month, the Illinois Supreme Court issued a potentially far-reaching decision regarding the private cause of action for misrepresentation that exists under the Chicago Municipal Code. The decision also holds that the applicable statute of limitations did not necessarily expire even though the claims were brought 15 years after the condominium project was completed. Read more about this case and why it is important for condominium developers to carefully review all selling materials and property reports before they are released to the public.
Double Damages? Ohio Court Allows Additional Recovery for Failure to Comply with Code
By David J. Dirisamer
In Davis v. Hawley General Contracting, Inc., an Ohio appellate court ruled that a homeowner could recover statutory damages and attorney fees from the general contractor for misrepresentations concerning work that failed to conform to statutory requirements. Learn more about this case and why it is important for general contractors to confirm their work to requirements imposed by codes and ordinances.
Michigan Court of Appeals Extends Personal Liability to Principal of Architectural Firm
By Scott R. Murphy
In Green v. Ziegelman, the court of appeals held an individual personally liable for the debts of his corporation. Read more about this case and how it provides additional, detailed guidance on the circumstances under which a Michigan court may now pierce the corporate veil.
Indiana Supreme Court Addresses a Lien Claimant’s Right to Recover Attorneys’ Fees upon Bonding Off of the Lien
By Timothy J. Abeska
When are attorney fees recoverable as part of a lien claim? Read more about an Indiana case and how the court ruled under I.C. Section 32-28-3-14(a).
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