Hinch Law

The US EPA has announced that it will not take enforcement action against home repair and remodeling contractor firms for failure to get certified until after October 1, 2010.  EPA will not enforce individual worker certifications so long as the individual has applied for a certification program by September 30, 2010, and completes the training by December 31, 2010.  In granting this extension, EPA noted concerns raised about the limited availability of qualified certification firms.  This decision allows contractors more time to find a qualified certification firm and complete the training. NOTE:  The substantive requirements of the Lead Paint "Renovate, Repair, Paint" (RRP) rule remain in effect and subject to compliance enforcement (such as the requirement to give the homeowner EPA's RRP pamphlet "Renovate Right," and to follow lead safe work practices, described here ). Thanks to the National Association of Home Builders for their efforts in working wit...

Illinois' newly revised Freedom of Information Act (FOIA) took effect on January 1.  The law is designed to help foster transparency and accountability in government, and numerous changes were made to that end.  One such change was the requirement that every Illinois public body appoint one or more "Freedom of Information Officers" (FOIA Officers) who are to receive, process, and respond to FOIA requests submitted to the public body.  FOIA Section 3.5.   The law requires that all FOIA Officers complete a mandatory initial training program with the Attorney General's Office by June 30, 2010.  The Attorney General's Office has provided an online registration portal for FOIA Officers , from which the FOIA Officers can complete the required training online.  Interested members of the public can also access FOIA training at this site.  After the initial program, FOIA officers are required to complete additional training annually. There are numerous small...

In Mostardi-Platt Associates, Inc. v. Czerniejewski , the Fifth District Illinois Appellate Court affirmed the trial court's dismissal of the plaintiff's mechanics lien claim, where the plaintiff completed "air quality construction permitting and disperson modeling services" for Power Holdings of Illinois, LLC, who had an option to purchase the property at issue.  Case No. 5-09-0339 (May 11, 2010).  The Appellate Court held that plaintiff had not contracted with the "owner" of the land under the Mechanics Lien Act; that the contract between Power Holdings and the owners (Power Holdings was actually assigned this contract from another entity) only authorized feasibility studies, not improvements to the land; and that the services provided by the plaintiff did not result in any improvement to the land or benefit to the owner. The court analogized the case to L.J. Keefe Co v. Chicago & Northwester Transportation Co , in which a plaintiff subcontractor so...

EPA's new renovation, repair, or painting (RRP) rules for remodeling contractors went into effect on April 22nd.   I wrote about this new rule on this page previously .  The Chicago Tribune ran an article over the weekend about the new rule and compliance issues.  The article does a good job at summarizing the issue - only about 200 out of 1,000 companies doing remodeling work in Illinois were RRP certified two days before the rule took effect, according to the EPA.   In the past months I have had the opportunity to discuss this rule with several chapters of the Home Builders Association of Illinois .  These groups have been very proactive in getting the word out to member contractors and scheduling training classes to help contractors get certified and comply with the new rule.  Also, the Illinois Department of Public Health's Lead Program has led a series of informational meetings around the State to inform contractors and answer questions about the...

If you're wondering where I've been for the past several weeks, have no fear!  I am alive and well.  In fact, I am pleased to announce that I have joined the legal practice of Mueller and Reece, LLC in Bloomington, Illinois.  I am excited to be a part of the Mueller and Reece team.  Please bear with me on this page for a while as I complete this transition.

The Second District Appellate Court of Illinois recently held that an owner by filing a demand under Section 34 of the Mechanics Lien Act (the Act) can be deemed to have waived a contractual right to compel arbitration.  The case is Illinois Concrete-I.C.I, Inc. v. Storefitters, Inc , No. 2-09-0854 (2nd Dist. 2010).  In Storefitters, the plaintiff contractor filed a mechanics lien claim alleging that the defendants had failed to pay it for its work.  The Defendants then served notice on the plaintiff pursuant to Section 34 of the Act, requiring the contractor to file suit to commence an action to enforce the lien within 30 days, or else forfeit the lien claim (the "Section 34 Demand").  The contractor filed suit as required, at which point the defendants filed a motion to compel arbitration pursuant to a mandatory arbitration clause in the parties' contract (it appears from the opinion that the contract language actually called for mediation followed by arbitration)...

This question came up recently as I was reviewing a construction contract.  The contract, as is common in the construction industry, contained an agreement to submit any disputes to binding arbitration, and specified the organization to manage the arbitration.  The problem was that by the time the dispute arose the designated arbitration organization was no longer in business.  What now?  This issue was addressed in the recent Illinois case Carr v. Gateway, Inc,  No. 5-07-0711 (5th Dist. 2009). Carr is a class action case in which the plaintiffs alleged that Gateway and Intel Corp. had violated consumer protection laws in Illinois and elsewhere in the U.S. by engaging in deceptive advertising regarding the capabilities of various computer processors.    Gateway moved to dismiss the case or alternatively to stay the proceedings and compel arbitration pursuant to an arbitration agreement included when the Carrs (the named plaintiffs seeking to represe...