Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
In 1801 W. Irving, LLC v. Splitt Architects, Ltd., 2013 IL App (1st) 121357-U (September 12, 2013) a plaintiff developer sued an architect for breach of an oral contract and for implied indemnity in connection with the construction of a condominium building. The trial court struck all counts of the developer’s amended complaint and the developer appealed. Held: Affirmed in …
Continue reading “Implied-In-Fact Contract Claims and Motions to Reconsider – Illinois Law”
The Featured Case: 15th Place Condominium Ass’n v. Fitzgerald Associates Architects, PC, 2013 ILApp(1st) 122292-U (September 5, 2013) Key Rules: 1/ Illinois’ ten-year statute of limitations (SOL) governs a developer’s breach of indemnity claim against a general contractor when the indemnity clause is part of a construction contract (735 ILCS 5/13-206); 2/ The four-year SOL (735 ILCS 5/13-214(a)) for …
Continue reading ““Private Statutes of Limitations” in Illinois: Some Quick Hits”
In Thorne v. Riggs, 2013 IL App (3d) 120244-U (September 3, 2013), the trial court rescinded a real estate contract and the Third District affirmed. In doing so, the Court examined Illinois fraud in the inducement and fraudulent concealment law and discussed the “special relationship” fiduciary duty rule. Facts: Plaintiffs sued two LLC members alleging they …
Continue reading “Fraud In the Inducement and Fraudulent Concealment – Illinois Primer”