Q: Does a general contractor transform into a subcontractor where a property owner sells its property to a third party AFTER the general contractor completes its improvements but BEFORE it records its mechanics lien? A: No. Q: Does it matter? A: Yes. Because unlike a general contractor, a subcontractor must serve a 90-day notice to the new owner in order …
Category Archives: Mechanics Lien/Construction Law
7 Blown Discovery Deadlines Over 18 Months = Dismissal With Prejudice As Rule 219 Sanction (IL 1st Dist.)
Let’s see. 12 court hearings over a year-and-a-half devoted entirely to discovery disputes. 7 missed deadlines – 3 of which were “final” – and one of those 3 was even “final, final, final, final, final!”. And still – no discovery compliance from the plaintiff. There was even an intermediate contempt sanction of a $500 fine and another court order …
The Negligent Misrepresentation Exception to Economic Loss Rule: The Information v. Tangible Product Dichotomy
The economic loss rule bars recovery in tort where the claim is essentially one for breach of contract. Lincoln Park West Condominium Association v. Mann, Gin, Ebel & Frazier, 136 Ill.2d 302, 307 (1990)(economic loss rule generally). “Economic loss” means (i) damages for inadequate value, (ii) costs of repair and replacement of the defective product, …