CM Report On Construction (2005)
2005
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on construction-related interests.
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Articles in this report
Conflicts in the Illinois Appellate Court Regarding "Retained Control" of a Worksite May Cause the Supreme Court to Intervene
A newly decided Illinois First District case, Cochran v. Sollitt, 2005 WL 1538240 (Ill. App. 1st Dist.), may cause the Illinois Supreme Court to clarify the Restatement (Second) of Torts §414 “retained control” concept. Although Restatement (Second) §414 and its comments outline the various scenarios under which a general contractor (GC) can be liable for its subcontractor’s work and employees, several recent cases call into question the exact effect and application of §414.
Copyright Protection: Authorship of Architectural Plans and Architectural Works
It is well established that both architectural drawings and completed architectural works are entitled to copyright protection under the Federal Copyright Act. Under the Act, the owner of the copyright has exclusive rights to reproduce the copyrighted work and to prepare derivative works based upon the copyrighted work. As such, an important question that often arises is who owns the copyright. Generally, copyright protection extends to the “author” of the work, unless there is a written agreement to the contrary or the work is a “work for hire.”
A summary of the history of copyright protection and a brief overview of the law with regards to authorship of architectural drawings and completed architectural works is provided below.
Illinois Appellate Court Finds Retained Expert Testimony Proper Despite Cease & Desist Order Under the Illinois Professional Engineering Practice Act
In Thompson v. Gordon, 827 N.E.2d 983 (Ill. App. 2d Dist. 2005), the Illinois Appellate Court addressed the qualifications required to render an engineer an expert in his or her field. The court examined whether an engineer who is not licensed in Illinois can render expert opinion testimony in an Illinois court and also whether that engineer, in doing so, has engaged in the unauthorized practice of professional engineering. The court concluded that lack of an Illinois professional engineering license did not preclude an engineer from rendering expert testimony but declined to reach a decision on whether by acting as a retained expert, the engineer had engaged in the unauthorized practice of professional engineering.
Is a General Contractor Liable for the Injuries Sustained by a Subcontractor's Employee? Is Illinois Closer to a Definitive Answer?
Inevitably, an employee of a subcontractor gets injured on the job. In turn, the employee files suit against the general contractor (GC), the owner and other contractors who may have been working on the site.
