How meta is this fact pattern? Peabody-Waterside v. Islands of Waterside, LLC, 2013 IL App (5th) 120490, examines the distinction between LLC entity liability and an LLC member’s personal liability through the lens of a mechanics lien claim filed against an LLC by one of its own members. Recall that Illinois law recognizes a clear line …
Category Archives: Mechanics Lien/Construction Law
The Contractual ‘Pay-If-Paid’ Clause – How Broad Is Its Scope?
A pay-if-paid (PIP) clause in a construction contract says “I, the general contractor, will only have to pay you, the subcontractor, if the owner – the guy I contract with – pays me.” Substitute “when” for “if” in the above example and you have a pay-when-paid clause. Both of these clauses are standard in multi-layered …
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Third-Party Beneficiary Claims in Public Construction Contracts – Illinois Law
Lake County Grading Company, LLC v. The Village of Antioch, 2013 IL App (2d) 120474, 985 N.E.2d 638 (2nd Dist. 2013), illustrates the importance of joining an alternative common law claim with a statutory one when the statutory claim is time-barred. The plaintiff subcontractor sued a public entity under a third-party beneficiary theory for improvements …
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