Build It And They Will [Sue]

Virginia F. Kleist and Daniel Stern owned own lakefront properties within the Chautauqua Shores subdivision. All property owners were subject to covenants and restrictions that were filed in 1962, when the subdivision was developed. The covenants and restrictions give “each and every owner of land in [the subdivision] . . . the right to enforce the same by appropriate court proceedings.”

In December 2014, Stern purchased his property with plans to demolish the existing house […]

By | December 3rd, 2019 ||

New Construction Lien Legislation In Tennessee

New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to enforce a lien. Public Chapter 142, signed by Governor Lee and effective as of April 5, 2019, repealed Tennessee Code Annotated § 66-21-108. Section 108 provided that an owner who prevailed in an action challenging the validity of a lien was entitled to recover reasonable attorney’s fees, costs […]

By | November 27th, 2019 ||

Construction One-Minute Read: Illinois Restricts Retainage On Private Construction Projects

Every private construction project in Illinois will be affected by a new law, effective immediately. The Contractor Prompt Payment Act (815 ILCS 603/1, et seq.) was amended to restrict the use of retainage on construction projects. Specifically, no construction contract may withhold more than 10 percent in retainage prior to 50 percent completion of the contract. When a construction contract is 50 percent complete, retainage must be reduced to no more than 5 percent […]

By | November 17th, 2019 ||