New law in Illinois Regarding the Limitation on the Amount of Retainage that can be Withheld from a Contractor in a Construction Contract Everyone in the construction business needs to know about a new law in Illinois that limits the amount of retainage that can be withheld from a contractor who has entered into a private contract for the construction of a private commercial structure … Continue reading Limitation on the Amount of Retainage that can be Withheld from a Contractor in a Construction Contract
“LIAR!” You snarl, pointing at the sniveling, twitchy man on the witness stand. Doesn’t every lawyer dream about doing that some day? Doesn’t nearly every litigation client tell you that his chief antagonist is a liar? It is such a strong word – the ”L-Word”, that we rarely pull it out and use it against someone, and then only if the lie is so obvious … Continue reading Some Truths About Lies – Sympathy for the Liar
Request to Admit carry strict deadlines and a parties’ failure to properly respond to the requests can be fatal to their case. At times, it can be a call-your-malpractice-carrier event. In September, 2006, the Illinois Supreme Court decided Vision Point of Sale v. Haas and overturned case law prohibiting the trial court from considering evidence of “mistake, inadvertence or attorney neglect” in making its determination … Continue reading Dodging the Rule 216 Bullet? Responding to Requests to Admit after Vision Point of Sale v. Haas
It is no secret that America’s population is getting older. In a recent housing study, researchers from Harvard note that the number of American households headed by a person over the age of 80 has risen 71 percent in the last 25 years.[ Harvard University Joint Center on Housing Studies. Housing for Older Adults, 2018 ed.] The Baby Boomers have started to retire and will … Continue reading The Top Five Causes of Action Related to Wills and Trusts and How to Defend Against Them
When the Illinois General Assembly passed the Home Repair and Remodeling Act (“Home Repair Act”), it intended to protect consumers. However, it has been our experience that the Home Repair Act has had the effect of preventing contractors from getting paid for an honest day’s work. Because many home repair and remodeling contractors are simply unaware of a section in the Home Repair Act that … Continue reading If a Home Repair and Remodeling Contractor Fails to Give the Homeowner a Consumer Rights Brochure, Can the Homeowner Get Away with Stiffing the Contractor?
The creation of joint accounts, particularly joint tenancy accounts, have long been used as an estate planning tool to allow individuals to make gifts in a way that avoids the probate court. In contrast, a convenience account is an apparent joint account which the creator established to enable another tenant to draw from the account at the direction and for the benefit of the creator.[ … Continue reading An Inconvenient Truth About Accounts of Convenience
Governor Rauner invited Jim Ryan on behalf of Roberts & Caruso to the signing ceremony for a new law that will positively affect the maintenance and security of estate plans. This new law is designed to protect the disabled from having their estate plans changed by unscrupulous people. One of the bill’s sponsors, State Representative Peter Breen, requested the firm’s assistance when drafting Senate Bill … Continue reading Jim Ryan Invited to Bill Signing by Governor Rauner