Midwest Construction

John Mrowiec was the author of the law column for Midwest Construction, a McGraw-Hill publication, for ten years. The magazine’s audience is owners, developers, contractors, design-builders, construction managers, engineers, architects and construction suppliers in Illinois, Indiana and Wisconsin. 

  • Contractor Who Contracted Only With Developer Held to Owe an Implied Warranty to Unit Purchasers, December, 2010   
  • Contractor’s Defense Fees When the Insurer Does Not Pay:  Does the Subcontractor Owe an Independent Obligation to Pay? June, 2010
  • Clauses Granting Discretion to Reschedule or Resequence Work: Are There Limits? May, 2010
  • Detailed Construction Schedule’s Role in Determining Timeliness, March, 2010
  • Surety Bound to Honor Contractor’s Warranty, November, 2009
  • Who Has Authority to Order Public Contract Changes? October, 2009
  • The Effect of Early Signed Change Orders Where Multiple Changes Cause Unexpected Delay & Disruption: What Was Released? September, 2009
  • Illinois Court Reverses Trial Court’s Refusal to Award Attorneys’ Fees to Successful Lien Claimant, August, 2009
  • Achieving Quicker Peace of Mind for Claims of “Defective Work”:  The Accrual Provision, July, 2009
  • Obviously Overstated Lien Claim Survives Motion to Dismiss, May, 2009
  • Contractor’s Failure to Seek Pre-Bid Clarification Doomed Claim for Confusing Specifications, March, 2009
  • Listed DBE Subcontractor Not Entitled to Listed Value, February, 2009
  • “Less Restrictive” No-Damages-for-Delay Clause Limiting Delay Damages Still Vulnerable to Exceptions, January, 2009
  • Priority of Competing Liens on Commercial Property: Who Gets Paid? November, 2008  
  • When are Joint Ventures Divorced? October, 2008
  • How Productive is Acceleration Through Shift Work? August, 2008
  • Indemnity: Is the Indemnifying Party Bound by the Indemnified Party’s Settlement? July, 2008
  • Construction Manager’s Increases to Original Lien Claim for Continuing Work Did Not Prime Mortgage Lien, June, 2008
  • Contractor’s Out-of-State Arbitration Location Clause Survives State Statute Voiding Such Clauses, May, 2008
  • Broad Exculpatory Clause Did Not Prohibit Statutory Damages for False Representations in Seeking Payment, April, 2008
  • When Is a Written Construction Contract Effective? February, 2008
  • Highlights of the Newly Revised Owner-Architect Agreements, January, 2008
  • Highlights of the Newly Revised AIA A201 General Conditions of the Contract for Construction, December, 2007
  • Illinois Enacts Private Project Contractor Prompt Payment Act, November, 2007
  • Does a Disputes Provision Preclude Claims of “Cardinal Changes”, October, 2007
  • Contract Termination & Performance Bond:  Don’t Forget to Read theBond, September, 2007
  • Public Works Prime Contractor Sponsorship of a Subcontractor’s Claim After Initial Opposition:  Does it Become a “False Claim”? August, 2007
  • Might General Liability Insurance Provide Defense for a Defective Work Claim? July, 2007
  • Notice of Claims for “Constructive Changes”, May, 2007
  • The Perils of Signing Progress Payment “Partial Waiver & Release” Forms Without Reserving Claims, April, 2007
  • Alternative Project Delivery Methods:  Whose Team Are They On? March, 2007
  • Public Works Payment Bond Claimants Entitled to Rely on Bond’s Suit Limitation Where Longer than Statutory Deadline, February, 2007
  • How Meaningful is a “Reservation of Rights” in Surety’s Denial of Payment Bond Claim? January, 2007
  • Termination by Owner After “Substantial Completion”: Is It Inherently Wrongful? December, 2006
  • May Backcharge Always Include “OH&P Mark-Up” on the Backcharged Costs? November, 2006
  • Payment for “Long-Lead-Items” When Project Ultimately Does Not Proceed, October, 2006
  • Will Failure to Sign a Tendered Contract Excuse a Performing Party From Its Terms? September 2006
  • Contractor Recovers for Change Order Requests Submitted After Termination Shown, August, 2006
  • Full Prior Payment to Subcontractor Defeated Lower Tier’s Timely Lien Claim, June, 2006
  • Court Warns Against Baseless Motions to Vacate Arbitrated Awards, May 2006
  • The Perils of Remedying Disputed Defective Design or Construction, April, 2006
  • “Conditional” and “Unconditional” Payment Releases, March, 2006
  • Numerous RFIs Insufficient Alone to Prove Spearin Violation, February, 2006
  • Unintended Consequences:  Owner’s Direct Payment to Subcontractor Without Agreement by General Contractor, January, 2006
  • The Interrelationship of Contractual Dispute Resolution Clauses and Lawsuits, December, 2005
  • Payment Bond Claimant’s Recovery of Penalties Under Statutes Governing the Conduct of Sureties, November, 2005
  • Quantifying the Relationship Among Overtime, Project Duration and Labor Productivity, October, 2005
  • Potential Liability of Construction Escrowee to Owner for Unpaid Subcontractor Liens, September, 2005
  • Specifications’ or Subcontract’s Listed Testing Method: Not Necessarily the Last Word on Meeting Performance Criteria, August, 2005
  • Construction Manager Held Not Liable to Suit for Acceleration Damages By Electrical Prime Contractor, July, 2005
  • Use of the Modified Total Cost Methodology in the Context of Multiple Changes and Delays, June, 2005
  • Concurrent Delays: The Importance of Apportionment, May, 2005
  • Attempting to Quantifying the “Cumulative Impact” of Project Change, a New Empirical Study Orders, April, 2005
  • Are Prime Contractor’s “Trustees” for Subcontractors of Payments from Owners? March, 2005
  • Illinois Courts Recognize Contractors’ Right to Assert Subcontractor’s Claims Against Owner, February, 2005
  • Might “Accord and Satisfaction” Language in a Change Order be Overcome by Later Action on a Contractor’s Claim? January, 2005
  • Subcontractor Justified in Suspending for Non-Payment or Grounds for Contractor to Terminate for Failure of Subcontractor to Complete:  Who Materially Breached First? December, 2004
  • So You Think Deleting E-mail Is a Good Idea? November, 2004
  • Failing to Sign Subcontract Before Accident: Prime Contractor Might Not Be “Additional Insured”, October, 2004
  • Will a Landlord be Liable to a Tenant’s Contractor Who Lost its Mechanics Lien Rights? September, 2004
  • Tenant’s Payment Within 90 Days of Bankruptcy to Contractor Who Had Unperfected but Unexpired Mechanics Lien Rights Was Not Avoidable Preference, August, 2004
  • Consequential Damages of Contractor’s Lost Future Profits, July, 2004
  • Providing Unconditional Lien Waivers in Advance of Payment: 
    A Dangerous Practice in Wisconsin, June, 2004
  • Mechanics Liens on Multiple Structure, Multiple Owner Project, May, 2004
  • The Pitfalls of Mechanics Liens for Tenant Work, April, 2004
  • Two Views of the Same Contractual Defenses on Increased Labor Cost Claims, March, 2004
  • Labor Union Disputes Regarding Engineering Firms, February, 2004
  • May a Mistaken Public Bid Be Withdrawn Without Penalty? January, 2004
  • Ambiguous Specifications: The Federal Duty to Inquire, December, 2003
  • “Best Value” Public Procurements: Substantially Lowest Price Might Not Equal Winning Offer, November, 2003
  • Unrepresented Mechanics Lien Claimants Committed Fatal Errors, October, 2003
  • Ambiguous “Arbitration” Provision Means Dispute must be Litigated, September, 2003
  • Electronic Discovery: Producing Electronic Documents in Litigation and Arbitration, August, 2003
  • Recovery of Unabsorbed Home Office Overhead Under the Eichleay Formula: The Standby Test, July, 2003
  • Payment Bonds and Arbitration: Is the Surety Bound by the Result of a Claimant’s Arbitration with the Principal? June, 2003  
  • Does an “Incorporation by Reference” Clause Always Include the Incorporated Contract’s Arbitration Provision? May, 2003  
  • Is Payment a Condition Precedent to Release Language in a Settlement Change Order? April, 2003  
  • Effect of Changes on Labor Productivity:  Empirical Studies, March, 2003
  • The Problem of Proving “Causation” of Damages, February, 2003  
  • Preserving Arbitration and Mechanics Lien Rights, January, 2003  
  • Forum Selection Clauses: Will Parties Be Required to Litigate or Arbitrate Distant from the Project Site? December, 2002  
  • Construction Manager Unable to Dismiss Commercial End-User’s Claims of “Consumer Fraud” and “Negligent Misrepresentation”, November, 2002
  • Arbitration Without a Consolidation Provision: Pickle in the Middle, October, 2002  
  • Fraudulently Overstated Mechanics Lien Claim Prevents Recovery, September, 2002 
  • Protesting Local Public Contract Bids: Who is the Lowest Responsive, Responsible Bidder? August, 2002  
  • Construction Management Contracts for Public Work:  Must They be Awarded by Competitive Bid? July, 2002  
  • Termination for Convenience: Can An Owner Deduct Damages for Contractor’s Breaches? June, 2002  
  • Illinois Power Court Upholds Design-Builder’s Damages Limitation Clauses, May, 2002  
  • Termination For Convenience: What May the Contractor Recover? April, 2002  
  • Prime Contractor’s Failure to Prove Reliance Allows Subcontractor to Escape From Bid, March, 2002  
  • Prime Contractor Not Liable to Union Fund for Subcontractor’s Failure to Pay Benefits, February, 2002  
  • “No Damages for Delay” Clauses: Indiana Enforces Where Contractor Does Not Raise Typical Exceptions, December, 2001  
  • Use of the “Modified Total Cost” Method of Damages Quantification, November, 2001 
  • Signed Change Orders May Act as Releases, October, 2001  
  • Federal Appeals Court Declares Local Government MBE/WBE Ordinance Unconstitutional, September, 2001  
  • Conditions to Payment for “Extra Work”:  The Prevention Exception, August, 2001  
  • The Implied Covenant of “Good Faith”, July, 2001
  • Void Indemnity Provisions and Insurance, June, 2001
  • Contractor’s Claim of “Additional Home Office Project Management”, May, 2001
  • Excusable Delays and Owner Demands Regarding “Contractor’s Failure to Make Progress”, April, 2001
  • Payment Bond & Mechanics Lien Claims;  When is the “Last Work”? March, 2001
  • Conditional Payment Clauses:  “When Is Not I”, January, 2001
  • Prime Contractor’s Reliance Binds Subcontractor to Perform for Bid Price, December, 2000
  • “No Damages for Delay” Clauses:  When Will an Exception Apply? November , 2000
  • Delays Arising from Defective Design:  Not the Usual “Change”, October, 2000
  • Ambiguous Reservation Language in Change Orders Could Not Save Later Impact Claims, September, 2000
  • Site Investigation Clause Did Not Defeat Differing Site Conditions Claim, August, 2000
  • The Perils of Performing Extra Work on Oral Authorization, July, 2000