A win for owners managing existing properties.

    An owner can face multiple claims from a host of parties beyond the initial construction phases.  Where rental units are concerned, the duty to maintain a premises when renting or managing a property can be set both contractually and by common law.

            In the recent decision Young v. Prairie Management & Development, Inc., the First District Appellate Court was confronted with the issues of the duty to maintain the locks and common areas of a property and the possible existence of a common law duty to protect tenants from the actions of third-party criminals.

            In a win for owners across the state, the Court found that an honest substantial effort to maintain a property through regular checking and repair was just good ownership and not the creation of a duty to protect tenants from third-party criminal acts.

Our hats off to FGPPR's own Bob Boylan for bringing home this victory.

Water Main Disaster in Chicago

The Chicago Tribune has taken some interesting photographs of the structural failure to Montrose Avenue in Chicago that occurred on Tuesday morning.

Bench-Trial Agreements Upheld...

    Yesterday's Seventh Circuit opinion, IFC Credit v. United Business, should be of interest to anyone out there contracting and agreeing to waive a trial by jury.  The Court found that state law will control a determination about the validity of bench-trial agreements (jury-waiver clauses) in federal cases brought under diversity jurisdiction. 

    Apparently, it may create a possible circuit split between the Courts as well. 

    The failure to have an attorney review or negotiate the terms of a contract appear to no longer be a decent defense to jury-waiver clauses.