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List of Forms by Chapter - Chapter 1 — Representing the Architect
- I. [1.1] Introduction
-
II. Transactional Issues - [1.2] Licensing and Ethics
- [1.3] Need To Be Licensed Generally
- [1.4] Individuals
- [1.5] Firm
- Illinois Architecture Practice Act of 1989 and Regulations
- [1.6] What Is the Practice of Architecture?
- [1.7] Professional Conduct
- Under Direct Supervision and Control
- [1.8] In General
- [1.9] Impact of Outside Drafting Services
- [1.10] Licensing for Out-of-State Projects
- Trying To Obtain the Project
- [1.11] Responding to a Request for Proposal
- [1.12] Whether To Submit a Proposal
- [1.13] Competitive Bidding of Professional Services
- [1.14] Structure of the Design Team
- [1.15] Assessing the Project
- [1.16] Project Risk vs. Reward
- [1.17] Assessing the Details
- [1.18] Assessing the Client
- [1.19] Project Delivery Method
- [1.20] Traditional Project Delivery
- [1.21] Fast-Tracking
- [1.22] Construction Management
- [1.23] Design-Build
- [1.24] Summary
- [1.25] Ensuring Payment
- [1.26] Verifying the Ability To Pay
- [1.27] Limited Liability Entities as Clients
- [1.28] Contractual Incentives and Protection
- [1.29] Additional Services
- [1.30] Extent of the Owner’s Representative’s Authority
- [1.31] Retainers and Cash Flow
- [1.32] Options When Payment Is Late
- [1.33] Contracts for Preliminary Services
- [1.34] Describing and Defining Typical Preliminary Services
- [1.35] Preparing the Preliminary Contract
- [1.36] Ownership/License of Intellectual Property
- [1.37] Right To Finish the Project
- [1.38] Standard of Care
- [1.39] Damage Limitation
- [1.40] Waiver of consequential damages
- [1.41] Limitation of liability to a set amount
- [1.42] Completing Someone Else’s Design
- [1.43] Working with Third-Party Consultants
- Collateral Issues
- [1.44] Confidentiality Agreements During the Proposal Phase
- [1.45] Documenting Important Communications
- [1.46] Signed Confirmation
- [1.47] Confirming Letter
- [1.48] Note to the File
- III. [1.49] Standard Form Contracts
- IV. Modern Trends
- Integrated Project Delivery
- [1.54] Background
- [1.55] AIA Integrated Project Delivery Contracts
- [1.56] Building Information Modeling
- [1.57] Green Building
- Adapting to Climate Change and Global Warming
- [1.58] Generally
- [1.59] Foreseeability of Climate Impacts
- [1.60] Duty to Adapt Designs
- [1.61] Artificial Intelligence and ChatGPT Trends
- V. Appendix
- Chapter 2 — Representing the Private Owner, Including Financing the Project
- I. [2.1] Introduction
- II. [2.2] Site Selection and Due Diligence
- III. [2.10] Choice of Business Entity
- IV. [2.18] Engagement of the Design and Construction Professionals
- V. [2.24] Deciding How the Project Will Be Funded
- VI. [2.25] Cost Estimates — Construction Budget
- VII. [2.28] Allocation of Risks
- [2.29] Cost Overruns
- [2.30] Delays
- [2.31] Payment and Performance Bonds
- [2.32] Insurance Considerations
- [2.33] Workers’ Compensation
- [2.34] Automobile
- [2.35] Commercial General Liability
- [2.36] Builders Risk
- [2.37] Environmental
- The Spearin Doctrine Warranty of Sufficiency of Plans and Specifications
- [2.38] In General
- [2.39] The Implied Warranty/Spearin Doctrine
- [2.40] The Moorman Doctrine — Economic Loss
- [2.41] Waiver of Consequential Damages
- [2.42] Liquidated Damages in Illinois
- [2.43] Mechanics Lien Bond
- VIII. [2.44] Conclusion
- Chapter 3 — Contracting with a Public Entity for a Public Works Project
- I. [3.1] Introduction
- II. What Constitutes a Public Project?
- III. [3.5] Constitutional Considerations
- IV. [3.8] Enabling Authority of the Public Body To Enter into Contracts
- V. Applicable Construction Procurement Laws
- VI. [3.12] Project Programming Issues
- VII. [3.13] Financing Alternatives
- [3.14] State Government and Other Units of Local Government
- [3.15] Traditional Financing from Revenues and Receipts
- [3.16] Bond Financing
- [3.17] General Obligation Bond Financing
- [3.18] Revenue Bond Financing
- Bond-Related Statutes
- [3.19] The Bond Authorization Act
- [3.20] The General Obligation Bond Act
- [3.21] Bond Financing by Local Governments
- [3.22] Certificates of Participation
- [3.23] Turnkey Projects
- [3.24] Not-for-Profit Corporation-Issued Bonds
- [3.25] Tax Increment Financing
- [3.26] Impact Fees
- [3.27] Grants and Allocations
- [3.28] Energy Savings Contracts
- [3.29] School Districts and Special Districts
- VIII. Land Acquisition and Site Access
- IX. [3.32] Geotechnical Studies and Archeological, Environmental, and Other Issues
- X. Selecting and Engaging the Design Professional
- [3.33] Statutory Provisions
- Exemption from Compliance with the Acts
- [3.34] Existence of a Relationship with a Design Professional
- [3.35] Bona Fide Emergencies
- [3.36] Notice to Listed Firms or Publication
- [3.37] Selection Procedure
- [3.38] Definition of the Design Needs by the Owner’s Construction Program
- [3.39] Compliance with the Statutory Selection Procedure
- [3.40] The Selection Process
- XI. Selecting the Construction Delivery System
- XII. Resolving Interjurisdictional Disputes: How It All Fits Together — Or Does It?
- [3.44] In General
- [3.45] Federal Construction Projects
- [3.46] State vs. County vs. Municipality Zoning, Permitting, and Code Compliance Conflicts
- [3.47] State Agency vs. Home-Rule City
- [3.48] County Commission vs. Multi-Jurisdictional Statutory Agency
- [3.49] Home-Rule Unit vs. Multi-Jurisdictional Authority
- [3.50] Home-Rule Unit vs. Park District
- [3.51] School District vs. Local Municipality
- [3.52] School District Compliance with Local Municipal Building Code and Building Permit Requirements
- [3.53] Municipal Zoning Authority over School Construction
- [3.54] Community College Issues
- [3.55] State University Issues
- [3.56] Other Jurisdictional Battles Between Units of Local Government
- [3.57] Post-Construction Maintenance Issues
- XIII. [3.58] Public-Private Partnerships and the Constitutional Prohibition Concerning Private Use of Public Property
- XIV. The Public Entity’s Historical Information Base
- XV. [3.62] Quality Control — In-House Expertise
- XVI. Project Labor Agreements
- XVII. [3.68] Socioeconomic Policies
- XVIII. [3.72] Conclusion
- XIX. Appendix
- Chapter 4 — Representing the General Contractor
- I. [4.1] Introduction
- II. [4.2] The Construction Contract
- Types of General Contracts
- [4.3] Build-to-Print Contract
- [4.4] Fixed-Price Contract
- [4.5] Cost-Plus Contract
- [4.6] Construction Management Contract
- [4.7] Letter of Agreement
- Material Terms for the General Contract
- [4.8] Determining Costs and Fees
- [4.9] Project Requirements and Specifications
- [4.10] Liquidated Damages/Bonuses for Late or Early Completion
- [4.11] Choosing To Use/Discontinue the Use of Subcontractors
- [4.12] Surety Bonds for Contractors
- [4.13] Insurance
- [4.14] Liability Insurance for Owners
- [4.15] Liability Insurance for Contractors
- Typical Risks Encountered by Contractors
- [4.16] Getting Paid
- [4.17] Responsibility for Damaged or Destroyed Property During Construction
- [4.18] Clauses Related to Site Conditions
- [4.19] Delays to Completion of the Project
- [4.20] Determining Liability for Defective Work
- [4.21] The Difference in Contractor Warranties
- [4.22] Remedies for Breach
- [4.23] Determining Damages
- [4.24] Public Projects
- [4.25] The Bid Package
- [4.26] Substitution of Materials, Products, or Equipment
- [4.27] Clarity of the Scope
- [4.28] Award of the Contract
- III. [4.29] Conclusion
- IV. [4.30] Sample Construction Agreement
- Chapter 5 — Representing the Specialty Trade Contractor
- I. [5.1] Introduction
- II. What Is a Specialty Contractor?
- III. [5.4] Bidding the Job
- IV. Considering Whether To Submit a Bid on a Particular Project
- [5.11] Type of Project
- Type and Financial Backing of Ownership
- [5.12] Payment
- Public Projects
- [5.13] Illinois Municipal Bodies
- [5.14] State of Illinois
- [5.15] Federal Projects
- [5.16] Specifically Specified Products or Sources of Materials
- [5.17] Private Projects
- [5.18] Mixed-Ownership Projects and Public-Private Partnerships
- [5.19] Bonded Projects
- [5.20] Other Considerations
- [5.21] Prevailing Wage Acts
- [5.22] Minority Business, Women’s Business, Disadvantaged Business, and Small Business Enterprises Participation
- [5.23] Ability To Meet the Schedule
- [5.24] Ability To Meet the Bonding Requirements
- [5.25] Insurance Requirements
- [5.26] Communication Requirements
- [5.27] Are the Plans and Specifications Sufficiently Complete?
- [5.28] Impact of a Pay-If-Paid Clause
- [5.29] Termination-for-Convenience Provisions
- V. [5.30] Construction Delivery Systems and the Trade Contractor
- [5.31] Prime Contractor Delivery System
- [5.32] Design-Bid-Build Delivery System
- [5.33] Developer as Owner and Contractor Delivery System
- [5.34] Multi-Prime Contracts Delivery System
- [5.35] Construction Manager as Agent of the Owner Delivery System
- [5.36] Construction Manager at Risk Delivery System
- [5.37] Design-Build Delivery System
- [5.38] Lean (Collaborative Construction)
- [5.39] Building Information Modeling
- VI. [5.40] Subcontractor and Supplier: Different Laws Apply
- VII. [5.41] Limits on Retention
- Chapter 6 — Representing the Construction Lender
- I. [6.1] Introduction
- II. Due Diligence
- [6.2] Borrower Information
- [6.3] Organizational Documents
- [6.4] Title Review
- [6.5] Purchase and Sale Agreement
- [6.6] Vesting Deed
- [6.7] Ground Lease
- [6.8] Space Leases
- [6.9] Credit Issues Related to the Borrower — Character, Capacity, and Capital: The 3 Cs
- [6.10] Property Tax Information
- Property Information
- Zoning
- [6.11] In General
- [6.12] Wetlands
- [6.13] Survey
- [6.14] Environmental Assessment
- [6.15] Flood Certification
- [6.16] Availability of Utilities
- [6.17] Project Information
- Permits and Licenses
- [6.18] What Permits/Licenses Need To Be Obtained Prior to Construction?
- [6.19] What Entities Must Approve?
- [6.20] Plans and Specifications
- [6.21] Has Local Authority Approval Been Obtained?
- [6.22] Will the Land Support the Structure?
- [6.23] Is the Construction Schedule Realistic?
- [6.24] Appraisal
- [6.25] Insurance
- [6.26] Budget
- [6.27] Architect and Construction Contract Approval and Assignment
- [6.28] Takeout Commitment Review
- III. Initial Loan Documentation
- IV. Loan Documentation
- [6.32] The Construction Loan Agreement
- [6.33] Representations and Warranties
- [6.34] Disbursements
- [6.35] Initial Disbursement
- [6.36] Subsequent Disbursements
- [6.37] Borrower Covenants
- [6.38] Construction-Specific Default Provisions
- [6.39] Construction-Related Remedies
- [6.40] Miscellaneous Provisions
- [6.41] The Mortgage
- [6.42] Collateral Assignment of Construction Contract, Architect’s Contract, Plans and Specifications, and Design-Build Contract and Powers of Attorney
- [6.43] Guaranty of Completion
- [6.44] Promissory Note
- Patrick B. Barnett
Patrick B. Barnett
Patrick B. Barnett is an associate at Much Shelist, P.C., in Chicago, and focuses his practice on construction law and litigation. Barnett has been listed on Best Lawyers in America: Ones to Watch and Top 40 Under 40: the National Black Lawyers and is a member of the Chicago, American, and Cook County Bar Associations. He received his B.S. from Grand Valley State University and his J.D. from the University of Illinois Chicago School of Law.
- Edward L. Filer
Edward L. Filer
Edward L. Filer is Of Counsel at Roetzel & Andress, LPA, in Chicago, where he focuses on construction, real estate, and banking law. He is consistently selected by his peers as a Super and Leading Lawyer in the area of Construction Law. He currently serves as the Partner in Charge of the Chicago office of Roetzel & Andress, LPA as well as the Cochair of its construction group. He is a member of the Illinois Society of Construction Lawyers, the Illinois Banking Association, and the Construction Financial Risk Managers Association. Filer received his B.A. from the University of Michigan and his J.D., with honors, from the University of Wisconsin Law School.
- Scott R. Fradin
Scott R. Fradin
Scott R. Fradin is a Principal and Cochair of the firm’s Construction Group at Much Shelist, P.C., in Chicago. He is also a licensed architect. Fradlin is a member of the American Bar Association’s Forum on Construction Law, a member and Past President of the Society of Illinois Construction Attorneys, and a Past Chair of the Chicago Bar Association’s Construction Law and Mechanics Lien Subcommittee. He has been recognized by Chambers USA and the Leading Lawyers Network as a top Illinois lawyer in the area of construction law and has been named one of the top real estate attorneys in the Midwest by Midwest Real Estate News. Fradin received his B.S. and M.S. from the University of Illinois and his J.D. Order of the Coif with high honors from Chicago-Kent Chicago of Law.
- Jonathan D. Freilich
Jonathan D. Freilich
Jonathan D. Freilich is a Partner at Venable LLP in Chicago, where he focuses his practice on construction law. He is a member of the American and Chicago Bar Associations and the Society of Illinois Construction Attorneys. He has been recognized as a Rising Star by Illinois Super Lawyers and listed in Best Lawyers: Ones to Watch in America in Litigation — Construction. He received his BSE cum laude from the University of Michigan and his JD from Loyola University Chicago School of Law, where he was the recipient of the CALI Award for Legal Writing.
- Michael W. Kelly
Michael W. Kelly
Michael W. Kelly, of Conway & Mrowiec, in Chicago, has 20 years’ experience serving clients in the construction industry and represents project participants in contract administration, claim preparation and dispute resolution. Kelly is a Fellow of the Society of Construction Lawyers America and has been named an Illinois Super Lawyer in Construction Litigation. He earned his J.D. magna cum laude from the University of Illinois College of Law — Champaign and his B.A. with distinction from the University of Illinois — Champaign.
- Samuel H. Levine
Samuel H. Levine
Samuel H. Levine is Of Counsel to Downey & Lenkov LLC in Chicago with a focus on construction, real estate litigation, and loan enforcement and defense. He is a member of the Society of Illinois Construction Attorneys, the American College of Real Estate Lawyers, and the Illinois State Bar Association’s Commercial, Banking, Collections and Bankruptcy Section Council (Past Chair) and Construction Section Council (Past Chair and current Newsletter Editor). Mr. Levine received his BA from Washington University in St. Louis and his JD from the Chicago-Kent College of Law.
- Mark Noth
Mark Noth
Mark Noth is a Partner of Laurie & Brennan, LLP, one of the largest boutique construction law firms in Chicago, where he practices in the areas of construction law and government contracts. Before joining Laurie & Brennan, Noth served as in-house counsel to one of the largest general contractors in North America, where he gained hands-on experience addressing and resolving disputes and negotiating design, construction, joint venture, and teaming agreements on a variety of public works projects. Noth received his B.S. from Belmont University in Nashville, Tennessee and his J.D. from The University of Notre Dame Law School.
- Kenneth M. Roberts
Kenneth M. Roberts
Kenneth M. Roberts is a Partner at Venable LLP in Chicago, where he concentrates in construction law. He is a member of the Society of Illinois Construction Attorneys, a Fellow of the Construction Lawyers Society of America, and President of the Executive Board of Directors of the Dispute Resolution Board Foundation. Mr. Roberts received his undergraduate degree with honors from the University of Iowa and his JD with distinction from the University of Iowa College of Law and has done postgraduate studies at the Northwestern University Kellogg School of Management and the University of Chicago Graduate School of Business Management Institute.
- Bill Toliopoulos
Bill Toliopoulos
Bill Toliopoulos is a Cofounding Partner of Laurie & Brennan, LLP, a Chicago law firm focused on construction law. Toliopoulos’ practice includes the representation of owners, developers, contractors, and subcontractors throughout the country. He participates in numerous legal and industry-specific organizations, presenting and speaking extensively at the International Council of Shopping Centers, Urban Land Institute, the Construction Financial Management Association, and the ABA’s Forum on the Construction Industry. A lifelong Chicagoan, Toliopoulos received his B.A. from Loyola University Chicago and his J.D. from DePaul University College of Law.
- Adam C. Toosley
Adam C. Toosley
Adam C. Toosley is a Partner at Thompson Coburn LLP in Chicago, where he focuses his practice on business litigation. He has been recognized as a Leading Lawyer and a Super Lawyer in both Illinois and Michigan. Mr. Toosley received his BA from the University of Illinois at Urbana-Champaign and his JD from the University of Illinois College of Law.
- Joseph B. VanFleet
Joseph B. VanFleet
Joseph B. VanFleet is a Managing Partner at Howard & Howard Attorneys PLLC in Peoria, where he concentrates his practice in business litigation. He is a member of the American and Illinois State Bar Associations and the American Inns of Court. Mr. VanFleet received his B.S. with high honors from the University of Illinois and his J.D. from the University of Illinois College of Law.
- Brendan J. Witry
Brendan J. Witry
Brendan J. Witry is an associate at Laurie & Brennan, LLP, in Chicago, and concentrates his practice on construction law. Witry is a member of the American Bar Association’s Forum on Construction Law, is Cochair of the Chicago Bar Association’s LGBTQ+ Committee, and a member of LAGBAC, Chicago’s LGBTQ+ Bar Association. He received his J.D. from DePaul University College of Law and his B.S. cum laude from DePaul University.
Representing the Parties to a Construction Project 2024 Edition
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