Partner John Mrowiec authors the monthly law column for Midwest Construction, a McGraw-Hill publication. The magazine’s audience is owners, developers, contractors, design-builders, construction managers, engineers, architects and construction suppliers in Illinois, Indiana and Wisconsin. The subjects of the articles have included:

  • Construction Manager’s Increases to Original Lien Claim for Continuing Work Did Not Prime Mortgage Lien, June, 2008   

  • 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

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