Author Archives: Robert A. Shipley

Design Professional Issues

Implied Warranty of Habitability A design professional who did not contribute to the actual construction of the home is not a builder-vendor and cannot be held liable for a breach of the implied warranty of habitability. Paukovitz v. Imperial Homes, Inc., 271 Ill.App.3d 1037, 649 N.E. 2nd 473 (1995); Sienna Court Condominium Association v. Champion… Read More »

CONTRACTS: THE BASICS

I. INTRODUCTIONI. INTRODUCTION A property owner wants to develop a parcel of land. The homeowner’s dream is to upgrade their home by remodeling or replacing old bathrooms and kitchens. The owners conduct their due diligence and find contractors they can hire for their projects. What is the next step? How can the property owner and… Read More »

United Conveyor Corp. v. Allstate Fire & Casualty Insurance Company 2017 IL App (1st) 162314

Holding: Trial Court properly granted Travelers Insurance Company Motion for Summary Judgment finding that the continuous manufacture and sale of conveyor systems incorporating asbestos containing products, which was the predicate for the claimed liability, was a single occurrence for the purpose of setting the insurer’s liability. Facts United Conveyor is a family owned business which… Read More »

Legal Issues That May Arise When Selling A Business

Q: I am selling my business and have a buyer. After the buyer found some problems with the business, we are now having issues with the sale. Can we participate in dispute resolution or mediation? How can we avoid litigation? A: While I am always willing to litigate any dispute, it is in the best interest… Read More »

Streit v. Metropolitan Casualty Insurance Company 2017 U.S. App. LEXIS 12750 *; 863 F.3d 770; 2017 WL 3015844 (7th Cir. 2017)

The Seventh Circuit Court of Appeals was presented with perhaps an atypical set of facts: Did the Streits’ insurer, Metropolitan, properly deny coverage for an intentional fire set by the insured’s son, who resided in the household and although not a name insured, was covered by the policy. Importantly, the parents were not aware of… Read More »