Barnes & Thornburg Construction Law Update - March 2017

Welcome to the March 2017 edition of the Construction Law Update, an e-publication that features articles authored by the attorneys in Barnes & Thornburg LLP's Construction practice group.

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Miller Act Venue Requirements Eclipse Bankruptcy Court Jurisdiction
By Timothy J. Abeska
Miller Act, you're not in Kansas anymore. Read more about a recent bankruptcy case, where the court in Kansas addressed issues of jurisdiction and venue raised by claims asserted by the debtor, an electrical contractor on a federal government project.

Limitations on Additional Insured Coverage in Ohio
By David Dirisamer
When a construction project goes awry, the initial dispute is about the amount of damage to the property. But even when that issue is settled, there is often a lot of finger-pointing as to who is responsible for those damages.This article takes a look at important lessons for general contractors in contracting with subcontractors - and for how to handle post-project disputes between general contractors and subcontractors.

Illinois Appellate Court Says New York Statute Trumps Illinois Contractual Provisions for Project Built in New York
By Clifford J. Shapiro
Litigation involving Illinois construction contracts is required to take place in Illinois under Illinois law. New York has a virtually identical statute. What happens when the construction contract requires a litigation forum not permitted by the law where the project is located? The Illinois Appellate Court recently addressed this issue in in Dancor Construction, Inc. v. FXR Construction, Inc. Read more here.

Illinois Appellate Court Issues Important Decision Regarding Implied Warranty of Habitability
By Clifford J. Shapiro
*This article originally was published as a Construction Law Legal Alert on February 28, 2017

On Feb. 17, the First District of the Illinois Appellate Court issued an important decision in Sienna Court Condominium Ass'n v. Champion Aluminum Corp. that confirms and clarifies Illinois law regarding the implied warranty of habitability. Read more about the decision here.

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