Most construction contracts contain boilerplate Force Majeure or Act of God provisions, but they should clearly identify what those events are, their impacton contract terms and allocate the risks of delay caused by them.

At the start of this year, a new provision of the Illinois Mechanics Lien Act became effective, a major development in the history of Illinois’ MechanicsLien Act that may simplify the sale or refinancing of real estate that would otherwise be encumbered by mechanic’s lien litigation.

Litigation over restrictive covenant agreements, including non-competes, is on the rise. Because such agreements are viewed as restraints on trade, theyare generally disfavored by Illinois courts. In a recent decision, an Illinois appellate court followed suit, striking down as overbroad and unreasonablethe non-compete, non-solicit and confidentiality provisions in an employment agreement.