Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
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 …
Continue reading “The Contractual ‘Pay-If-Paid’ Clause – How Broad Is Its Scope?”
(photocredit: google images; www.pixgood.com) Here’s an outline of the direct examination I’ve used in commercial lease eviction cases at trial representing a landlord. Assume a commercial tenant who has defaulted under a commercial lease and I’ve called the lessor’s property manager to testify concerning the lease, the 5-day notice, the tenant ledger, the lease guarantee and …
Continue reading “Landlord’s Property Manager Direct Examination (Commercial Lease)”
In Kasinecz v. Duffy, 2013 IL App (2d) 121329-U, an August 2013 Second District case, a contractor suffered a three-pronged defeat in his lawsuit against a homeowner. The Court affirmed the lower court’s bench trial judgment for the homeowner on the contractor’s breach of contract, mechanics’ lien and quantum meruit claims. Facts: This is the second appeal involving the parties. In …