Author Archives: PaulP

General Contractor Insolvency, Not Owner Recourse, is Key Implied Warranty of Habitability Test – IL First Dist.

In Sienna Court Condominium Association v. Champion Aluminum Corporation, 2017 IL App (1st) 143364, the First District addressed two important issues of common law and statutory corporate law.  It first considered when a property owner could sue the subcontractor of a defunct general contractor where there was no contractual relationship between the owner and subcontractor and …

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‘It Ends When I Say So!’ – Automatically Renewing Contracts in Illinois

My early experiences with automatic contract renewals weren’t warm and fuzzy ones.  Growing up, I recall Columbia House’s ageless pitchman Dick Clark breathlessly hawking “13 tapes for a dollar!” (or was it a penny?) offers across the pre-cable television airscape. I’d frantically sign up, the cassettes would soon arrive and – for a while, at least – …

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Snow Plower’s Quantum Meruit Claim Fails; Dissent Takes Rule 23 Publishing Standards to Task – IL 1st Dist.

In Snow & Ice, Inc. v. MPR Management, 2017 IL App (1st) 151706-U, a snow removal company brought breach of contract and quantum meruit claims against a property manager and several property owners for unpaid services. The majority affirmed dismissal of the plaintiff’s claims and in dissent, Judge Hyman gives a scathing critique of Rule …

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