Tag Archives: Contractual Ambiguity

Contractor Can Recover for Extra Work Under Time & Materials Contract – IL

 (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 …

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Building Owner’s Lawsuit Against Security Firm Rejected in Chicago Jeweler Building Damage Case

This post involves a storied building in Chicago’s Diamond District.  St. Paul Mercury Insurance v. Aargus Security Systems, Inc., 2013 IL App (1st) 120784, examines the nature and scope of an independent contractor’s liability in a multi-million dollar property damage case. Facts: The Mallers Building (see 1993 article here) is a nearly century-old, 21-story building in downtown Chicago that primarily houses jeweler tenants.  In the …

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