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Michael Roth is a partner in the Real Estate, Energy, Land Use & Environmental Practice Group in the firm's Chicago office.

Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme Court ruling in Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, insurance companies may now have a duty to defend under CGL policies with respect to defective work and certain property damage caused by the same.Continue Reading A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

The Hospitality industry stands on the front lines of the growing concern over the spread of Coronavirus Disease 19 (“Covid-19” or “Coronavirus”).  As an industry focused on serving the needs of travelers from varied and often distant locales, in facilities that see significant daily guest turnover, and as hosts to guests for conferences and events, the risks to hotels from the Coronavirus may be particularly acute.  The news is filled with daily reports of major conferences being canceled, businesses curtailing employee travel, and individuals reducing personal travel, all of which impacts hotel operations and performance.  Following is some advice for hotel owners and operators to consider in these circumstances:

Renewable Resources; CVOID 19; Coronavirus
Continue Reading Dealing With An Unwelcome Guest – Coronavirus and Operating, Contract and Loan Issues for Hotel Owners and Operators

On July 16, 2014, Illinois enacted Public Act 98-764 (Senate Bill 3023) (“SB 3023”), which amends the Illinois Mechanics Lien Act (770 ILCS 60/ et seq.) (the “Act”) to prohibit subordination of mechanics liens on Illinois construction projects, unless such subordination is to a construction mortgage lien made after 50% of the construction loan has been disbursed to fund construction costs.
Continue Reading Mechanics Lien Subordination: Illinois Further Limits Construction Lenders’ Ability To Ensure Priority Against Mechanics Liens