Together, AGC of America and its Illinois Chapters have achieved a major breakthrough as to commercial general liability insurance (CGL) coverage for construction defects under Illinois law. The Illinois Supreme Court issued its opinion in Acuity v. M/I Homes of Chicago, LLC, Docket No. 129087 on Nov. 30, 2023. The case involved CGL coverage for construction defects resulting in water damage to a townhome project. In that context, the Supreme Court clarified the law to agree with many state supreme courts that such property damage is an “occurrence” in Illinois. The Supreme Court’s clarification is extremely favorable to the construction industry and was supported by an amici curiae brief sponsored by AGC of America, National Association of Home Builders, American Subcontractors Association and local chapters in Illinois.
ConsensusDocs recently introduced noteworthy updates to its most used prime and subcontract agreements, detailed here. In this article, we’ll take a closer look at the revisions made to the short forms, which are more frequently used than the long forms. These streamlined documents, particularly the ConsensusDocs 205 Agreement Between Owner and Constructor & General Conditions (Short Form), have undergone strategic changes to enhance clarity and efficiency while maintaining the integrity of essential terms and conditions.
Help Us Generate a Comprehensive Outlook for 2024 by Taking the Survey Each year around this time, AGC asks you – our members – to predict what next year will be like for your business. AGC has partnered with Sage to prepare questions that focus on expectations for market performance, hiring, labor market conditions, etc. Please take a moment to complete the survey here. AGC of America will use the survey results to help make the case with elected and appointed officials in support of key member priorities. The more people who complete the survey by Thursday, December 7, the more effective the results will be in supporting our work on your behalf.
State construction laws and case law interpreting those laws dramatically impact your contract and, thereby, your risk profile on a project. Before you sign or bid on your next construction contract, it is wise to have a system to navigate these laws. ConsensusDocs is presenting a webinar on November 9th (Register here), providing a systematic approach to navigating critical construction laws and the latest trends. Specific laws covered will include hot-button state construction laws, such as pay-if-paid, indemnification, prompt pay, and notice requirements.
Is short too short? This article tries to answer that question for construction contracts by delving into the major differences between short-form agreements and regular standard ConsensusDocs contracts.
Introducing "AGC's Construction Risk Insights," a valuable resource dedicated to enhancing risk management practices and optimizing project success within the construction industry. Check out Issue #1 here. We're thrilled to unveil this newsletter, designed exclusively for the AGC community. Delve into a wealth of AGC-focused content encompassing critical areas such as construction contracts, insurance, bonding, safety, labor, environment, finance, technology, and beyond. Join our growing community of industry leaders - subscribe online at https://www.agc.org/news/newsletter and elevate your risk management expertise with AGC.
Don’t miss the excitement of Construction Super Conference 2023. Earn educational credits in the conference training classes led by industry experts and leaders.
A growing number of state and local governments have adopted wage theft laws that aim to ensure employees receive full compensation by creating severe penalties. These laws often target the construction industry and impose significant penalties for employers who “misclassify” workers or fail to comply with expanded recordkeeping and notice requirements. Wage theft laws can make general contractors liable for their subcontractors’ or temporary labor brokers’ violations, even if these violations were not reasonably discoverable by the general contractor. Consequences for violating wage theft law can be severe, including fines and even criminal penalties in extreme cases. Some states have upstream liability provisions that can make the project owner liable for wage theft violations. Also, some wage theft laws negate the enforceability of specific contract provisions, while others require certain provisions to be included in contracts.
Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a crane)? The answer depends on what is in your contract.