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. The articles are linked below.  You may contact us for copies of articles for which the link has expired.

  • Contractor Who Contracted Only With Developer Held to Owe an Implied Warranty to Unit Purchasers, December 2010   
  • Clauses Granting Discretion to Reschedule or Resequence Work: Are There Limits? , May 2010 (View article)
  • Detailed Construction Schedule’s Role in Determining Timeliness, March 2010  (View article)
  • Surety Bound to Honor Contractor’s Warranty, November, 2009 (View article)
  • Who Has Authority to Order Public Contract Changes?, October, 2009 (View article)
  • The Effect of Early Signed Change Orders Where Multiple Changes Cause Unexpected Delay & Disruption: What Was Released?, September, 2009 (View article)
  • Illinois Court Reverses Trial Court’s Refusal to Award Attorneys’ Fees to Successful Lien Claimant: , August, 2009 (View article)
  • Achieving Quicker Peace of Mind for Claims of “Defective Work”, July, 2009 (View article)
  • “Obviously Overstated Lien Claim Survives Motion to Dismiss”, May, 2009 (View article)
  • “Contractor’s Failure to Seek Pre-Bid Clarification Doomed Claim for Confusing Specifications”, March, 2009 (View article)
  • A Lesson for ‘Disadvantaged’ Subcontractors, February, 2009 (View article)
  • ‘Less Restrictive’ No-Damages-for-Delay Clause Still Vulnerable, January, 2009 (View article)
  • Priority in Liens Magnified as Property Values Fall, December, 2008 (View article)
  • Priority of Competing Liens on Commercial Property: Who Gets Paid?, November, 2008  
  • When are Joint Ventures Divorced?, October, 2008 (View article)
  • How Productive is Acceleration Through Shift Work?, August, 2008 (View article)
  • Indemnity: Is the Indemnifying Party Bound by the Indemnified Party’s Settlement?, July, 2008 (View article)
  • Construction Manager’s Increases to Original Lien Claim for Continuing Work Did Not Prime Mortgage Lien, June, 2008 (View article)
  • Clause on Out-of-State Venue for Arbitration Survives Statute, May, 2008 (View article)
  • Seeking Remedies to False Representations, April, 2008 (View article)
  • When Is a Written Construction Contract Effective?, February, 2008 (View article)
  • Highlights of the Newly Revised Owner-Architect Agreement., January, 2008 (View article)
  • What are the Changes in AIA’s General Conditions Contract?, December, 2007 (View article)
  • Illinois Enacts Private Project Contractor Prompt Payment Act, November, 2007 (View article)
  • Contracts and ‘Cardinal Changes’, October, 2007 (View article)
  • Follow Terms of Contract and Bond Both, September, 2007 (View article)
  • Beware of False Claims on Public Contracts, August, 2007 (View article)
  • Might General Liability Insurance Provide Defense for a Defective Work Claim?, July, 2007 (View article)
  • Notice of Claims for “Constructive Changes”, May, 2007 (View article)
  • The Perils of Signing Progress Payment “Partial Waiver & Release” Forms Without Reserving Claims, April, 2007 (View article)
  • Who’s on the Whose Team with Alternative Delivery Methods?, March, 2007 (View article)
  • Payment Bond Defines Claimants, Deadlines, February, 2007 (View article)
  • “Reservation of Rights” in Surety’s Denial of Payment Bond Claim?, January, 2007 (View article)
  • Termination by Owner After "Substantial Completion": Is It Inherently Wrongful?, December, 2006 (View article)
  • May a Backcharge Always Include a Mark-Up?, November, 2006 (View article)
  • The Risk of Long-Lead-Item Expenses, October, 2006 (View article)
  • Financial Obligation Can Exist Even with Unsigned Contract, September 2006 (View article)
  • Importance of Timely Change Orders Shown, August, 2006  (View article)
  • Full Subcontractor Payment Defeats Lower Tier Sub’s Timely Lien Claim, June, 2006  (View article)
  • Baseless Motions to Vacate Arbitrated Awards Rebuked, May 2006  (View article)
  • Perils of Remedying Disputed Defective Design or Construction April 2006  (View article)
  • ‘Conditional’ and ‘Unconditional’ Payment Releases, March 2006 (View article)
  • Many RFIs Could be Insufficient To Recover Delay Damages, February 2006  (View article)
  • Sidestepping a General Contractor’s Backcharge Backfired, January 2006  (View article)
  • Indiana Case Illustrates Dispute Resolution Clauses, December 2005  (View article)
  • Payment Bond Claimant's Recovery of Penalties Under Statutes Governing the Conduct of Sureties., November 2005  (View article)
  • Quantifying the Relationship Among Overtime, Project Duration and Labor Productivity, October 2005  (View article)
  • Potential Liability Of Construction Escrowee To Owner For Unpaid Subcontractor Liens, September 2005  (View article)
  • Specifications’ Or Subcontract’s Listed Testing Method: Not Necessarily The Last Word On Meeting Performance Criteria, August 2005  (View article)
  • Construction Manager Held Not Liable To Suit For Acceleration Damages By Electrical Prime Contractor, July 2005  (View article)
  • Use Of The Modified Total Cost Methodology In The Context Of Multiple Changes And Delays, June 2005  (View article)
  • Concurrent Delays: The Importance of Apportionment, May 2005  (View article)
  • Quantifying the Impact of Change Orders, April 2005  (View article)
  • Quantifying the Impact of Change Orders, March 2005  (View article)
  • Contractors’ Right to Assert Subcontractors’ Claims Recognized, February 2005  (View article)
  • Could ‘Accord and Satisfaction’ Language Be Overcome?, January 2005  (View article)
  • Determining Who Breached a Contract First, December 2004  (View article)
  • So You Think Deleting E-mail Is a Good Idea? , November 2004  (View article)
  • Failing to Sign Subcontract Before Accident: Prime Contractor Might Not Be 
    ‘Additional Insured’, October 2004  (View article)
  • Must Payment to Customer in Bankruptcy Be Returned? , August 2004  (View article)
  • Consequential Damages of Contractor’s Lost Future Profits, July 2004  (View article)
  • Providing Unconditional Lien Waivers in Advance of Payment: 
    A Dangerous Practice in Wisconsin, June 2004  (View article)
  • Mechanics Liens on Multiple Structure, Multiple Owner Project, May 2004  (View article)
  • The Pitfalls of Mechanics Liens for Tenant Work, April, 2004  (View article)
  • Two Views of the Same Contractual Defenses On Increased Labor Cost Claims, March, 2004  (View article)
  • May a Mistaken Public Bid Be Withdrawn Without Penalty?, January, 2004  (View article)
  • Ambiguous Specifications: The Federal Duty to Inquire, December, 2003  (View article)
  • ‘Best Value’ Public Procurements: Substantially Lowest Price Might Not Equal Winning Offer, November, 2003  (View article)
  • Unrepresented Mechanics Lien Claimants Committed Fatal Errors, October, 2003  (View article)
  • Ambiguous ‘Arbitration’ Provision Means Dispute must be Litigated, September, 2003  (View article)
  • Electronic Discovery: Producing Electronic Documents in Litigation and Arbitration, August, 2003  (View article)
  • Recovery of Unabsorbed Home Office Overhead (Under the Eichleay Formula: The Standby Test), July, 2003  (View article)
  • 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  
  • 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  
  • Protesting Local Public Contract Bids: Who is the Lowest Responsive, Responsible Bidder? 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  
  • Construction Law: Prime Contractor Not Liable to Union Fund for Subcontractor's Failure to Pay Benefits, February 2002  
  • Conditions to Payment for ‘Extra Work’: The ‘Prevention’ Exception, January 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: Extra Work Prevention Exception, August 2001  
  • The Implied Covenant of “Good Faith”, July 2001
  • Void Indemnity Provisions and Insurance, June 2001