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Construction Law Today

Category Archives: Assignments

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Waiting for Claim Assignment Doesn’t Toll Statute of Limitations: American Family v. Plunkett

Posted in Assignments, Illinois, Insurance, States, Statute of Limitations

After paying a flood damage claim, an insurance company waits too long to get an assignment of the rights to sue a contractor and architect. Result: the insurance company’s lawsuit gets dismissed and the Illinois Appellate Court affirms. The decision: American Family v. Plunkett (PDF). Backstory An owner’s property floods in the summer of 2006…. Continue Reading

Assignment of Construction Contracts

Posted in Assignments

Most prime construction contracts – the ones between owner and contractors – say that neither the owner nor the contractor may assign the contract without the other’s consent. More often then not, the contract says that neither side will “unreasonably withhold, condition, or delay” their consent. One example is Section 13.2 of the American Institute… Continue Reading