Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
(photo credit: www.anp.com; google images (12.19.14) This article highlights the importance of using proper terminology and clearly defining payment obligations in written construction agreements. In Schmoldt & Daniels Masonry v. 723 S. Neil, LLC, 2014 IL App (4th) 140102-U, the court discusses the difference between a time-and-materials contract and a lump sum contract and …
Continue reading “Contractor Can Recover for Extra Work Under Time & Materials Contract – IL”
Student Loan BK Discharge Article (November 2014)
The Third District Appellate Court answers some important questions concerning the priority of competing creditors’ rights in the assets of a common debtor and the nature of appellate jurisdiction in FirstMerit Bank v. McEnery, 2014 IL App (3d) 130231-U. There, a creditor obtained a $1.8M judgment against a defendant who had interests in several restaurant LLC ventures (the …