Chicago Landmarks Preservation Ordinance Upheld

 Chicago’s Buckingham Fountain  For several years now a court battle has raged in the Illinois Courts regarding the constitutionality of The Chicago Landmarks Ordinance. Local property owners challenged the ordinance based on an argument that the language contained in the law violates constitutional due process requirements. The ordinance is designed to provide the Landmarks Commission […]

Are Pay If Paid Clauses Enforceable?

An age old story in construction is as follows: the owner doesn’t pay the contractor, and a subcontractor, who has performed its work diligently and according to its contract, doesn’t get paid either. Most of these situations arise because the subcontract contains “pay when paid” or “pay-if-paid” clauses. These clauses shift the risk of nonpayment […]