Pay-if-paid and pay-when-paid clauses permeate large construction projects In theory, the clauses protect a contractor from downstream liability where its upstream or hiring party (usually the owner) fails to pay. Beal Bank Nevada v. Northshore Center THC, LLC, 2016 IL App (1st) 151697 examines the fine-line distinction between PIP and PWP contract terms. a lender …
Author Archives: PaulP
Secretary of State’s LLC File Detail Report Is Public Record – IL Court (A Deep Cut)
R&J Construction v. Javaras, 2011 WL 10069461, an unpublished and dated opinion, still holds practical value for its discussion of the judicial notice rule, breach of contract pleading requirements and a limited liability company member’s insulation from liability for corporate debts. The plaintiff sold about $70K worth of construction materials to a concrete company associated …
No-Reliance Clauses and Fraud Pleading Requirements – IL Fed Court Weighs In
The Case: Walls v. VreChicago Eleven, LLC, 2016 WL 5477554 (N.D.Ill. 2016) Issues: 1/ Viability of ‘no-reliance’ clauses and as-is clauses in commercial real estate contracts; and 2/ Fraud pleading requirements under Federal Rules of Civil Procedure Facts: Property purchaser plaintiffs claimed they were fraudulently induced to buy property by defendants who falsely claim the …
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