Blog

On March 27, 2020, President Trump signed into law a $2 trillion coronavirus emergency stimulus package called the CARES (Coronavirus Aid, Relief, and Economic Security) Act. On Friday and throughout the weekend, the SBA has provided guidance to Lenders on the procedures and applications required for the Loans, so small businesses can now apply for any of them. The CARES…

The State of Illinois requires that ALL Employers, with any employees, must provide sexual harassment prevention training once every year.  The Department of Human Rights is required to provide a model program that Employers can use, but are not required to use that specific program.   In order to qualify as proper sexual harassment prevention training, the program must include the…

As a follow-up from a recently published Chicago Tribne article, in which Corey B. Stern was quoted as saying: • “The agent may not lie, but they might not tell you the whole truth,” said Corey B. Stern, a partner in the Lisle-based real estate law firm of . • Create a paper trail that backs up the quality and…

In a recent case, the Buyer of a business along with its real Property refused to pay the Broker for finding and presenting the Buyer with the sale of the Property. The Property was not listed on the MLS. The Broker found the Property which is considered to be an off-market Property. Before providing the Property information to the Buyer,…

This construction blog post discusses whether work performed upon the Property, is either a trade fixture (not lienable) or a permanent improvement (lienable) pursuant to the Illinios Mechanic Lien Act. In determining whether material or equipement (“Work”) installed upon the Property is a permanent improvement, the Court considers three (3) factors: 1)  the nature of the attachment to the Property; …

In a recent case involving a Public entity, a General Contractor and a subcontractor/lien claimant, the issue of an indemnity clause revealed that the General Contractor may have unlimited liability to the Public Entity.   In the case, the Public Entity argued that the General Contractor was liable for all the damages to the Public Entity as a result of the…

The Illinois Employee Classification Act, 820 ILCS 185/1, applies to all contractors who pays any person to perform any construction work in the State of Illinois. 1) In order to avoid liability, the Contractor needs to prove that the independent contractor (party performing work) is i) free from the contractor’s control and direction in performing the work; ii) outside the…

By Corey B. Stern, Esq., Pursuant to the Illinois Freedom to Work Act, enacted by the State of Illinois this year, a private company is prohibbited from enforcing a non-competition agreement against any employee who makes less than $13.00 per hour. A non-competition agreement is any restriction that prevents a person from working for another employer for a specific period…

By Corey B. Stern, Esq., 1) Payment Terms: Identify the amount and the date or construction event when each payment is due. Additionally, confirm that the Owner has the funds to complete the project or if financing is being used. 2) Explain Allowances vs. Furnished Items by Owner: The amount and description of the allowances and items furnished by owner…