5 Pitfalls to Avoid When Negotiating a Construction Contract

Here are some of the most common pitfalls to avoid when negotiating a construction contract, and why working with an experienced construction attorney throughout the entire process is so important.

construction contract pitfalls

Whether you are a contractor, subcontractor, developer, or property owner, negotiating the construction contract is one of the most important steps in any building project. It is essential that the contract is written properly because it sets expectations for all of the parties involved and establishes how disputes will be handled if problems arise. While a well-drafted agreement can help keep a project on schedule and on budget, a poorly written one can lead to costly delays and legal complications. Here are some of the most common pitfalls to avoid when negotiating a construction contract, and why working with an experienced construction attorney throughout the entire process is so important.

Using a Generic, or “One-Size-Fits-All” Construction Contract

Many contractors rely on a general template agreement, or a contract that was used in past projects. This can cause problems down the road since each project is unique with its own requirements. A standardized contract can certainly provide a framework, but each project should have customized text to reflect the specific project details, site requirements, payment terms and local regulations. Our attorneys can review and modify template construction contracts to ensure they accurately reflect the project details and protect your interests.

Not Providing a Clearly-Defined Scope of Work

One of the most common causes of disputes in a construction contract is an unclear or incomplete scope of work. When the language in a contract is too general it can lead to disagreements about what was or wasn’t included in the price, which can lead to costly change orders or project delays. Not everybody reads and understands things in the same way, so using text that precisely describes the materials, deadlines, and specific tasks expected of each party can help to avoid misunderstandings. Our team will work with you to ensure the scope is detailed, enforceable, and in line with the rest of the agreement in order to reduce the likelihood of disputes.

Payment Terms and Timing are Not Clear

Payment disputes frequently arise during construction projects. These disagreements can be avoided by providing a clear payment schedule that defines when payments are due and what must be completed at each stage when drafting the construction contract. When the original terms are not structured properly, it can be difficult to legally enforce your rights if payments are delayed or withheld. Our attorneys can review the payment terms to ensure that they are fair, legal and realistic for your type of project.

Your Construction Contract Lacks Detailed Instructions for Changes

Virtually every project will experience changes at some point throughout the process. As long as the contract provides clear directions for requesting and implementing these changes, problems may be avoided. However, when the terms are vague or do not specify which modifications are allowed and what charges will be incurred, disputes can be inevitable. Our attorneys have the experience to know what language to include in order to best convey the change requirements of the construction contract.

Not Properly Planning for Dispute Resolution

No matter how prepared you are or how well-written your construction contract is, there is always the chance of disputes arising. You could potentially save considerable time and expense by having an agreed-upon process to settle the dispute. This plan should provide details for negotiation, mediation, arbitration, withholding of payments or other paths to resolution. Our attorneys can help to establish fair dispute resolution strategies that align with your business goals and reduce potential costs.

Protect your Project with the Experienced Legal Support at Churchill, Quinn, Hamilton & Van Donselaar, Ltd.

A construction contract is more than just paperwork – it is the foundation of your entire project. Avoiding these common pitfalls can significantly reduce risk, improve communication, and protect your bottom line. When you work with our experienced team, we can help to ensure that your agreement is clear, enforceable, and tailored to your needs, from initial drafting through final completion. With our legal support, you can move forward with confidence, knowing your project is protected from start to finish. Contact our office at 847-223-1500 to learn more or to schedule a consultation.

Essential Factors to Consider When Selecting the Executor of Your Will

Taking time to select the right executor can help your family avoid stress, confusion, and potential conflict later on.

choosing the right executor of your will

Selecting the right executor of your will is one of the most important decisions you can make when creating an estate plan. The person you choose will play a central role in carrying out your final wishes according to state law, managing your assets, and ensuring your loved ones are cared for according to your intentions. Taking time to select the right executor can help your family avoid stress, confusion, and potential conflict later on.

Understanding the Role of the Executor of your Will in Illinois

In Illinois, the executor of your will (sometimes called a “personal representative”) is appointed to manage and settle your estate through the probate process. The role comes with significant legal and financial responsibilities that include:

  • Filing the will with the appropriate Illinois probate court
  • Petitioning the court for appointment as executor
  • Notifying heirs, beneficiaries, and known creditors
  • Identifying, securing, and valuing estate assets
  • Paying outstanding debts, expenses, and Illinois and federal taxes
  • Managing estate property during probate
  • Distributing assets according to the terms of the will
  • Filing required court reports and closing the estate

The executor acts as your representative, and because this person holds substantial responsibility, you should consider both trust and practicality when making your decision.

Key Qualities to Look For

When naming an executor of your will, consider more than just your emotional connection to the person. The best choice is someone who can manage financial and legal tasks with patience and integrity. Look for traits such as:

  • Responsibility and organization – A good executor must handle complex paperwork, deadlines, and financial details accurately.
  • Impartiality – Family conflicts can arise during estate administration, so a level-headed and fair executor can help keep tension to a minimum.
  • Financial responsibility – While your executor doesn’t need to be a financial expert, understanding basic money management can be very helpful.
  • Availability – Settling an estate is time-consuming. The executor must have the time and willingness to fulfill their duties.
  • Trustworthiness – Above all, choose someone you believe will honor your wishes exactly as written.
  • Illinois residency considerations – Choosing an out-of-state executor is allowed, but may add complications and delays to the probate process. In some cases, the court may require additional steps, such as posting a bond. An Illinois-based executor may simplify administration.

Many people name a spouse or adult child as executor. However, if your estate is large or complex or family relationships are strained, appointing a neutral third party, such as a professional fiduciary or corporate executor, may reduce conflict and protect your wishes.

Why Choosing the Right Executor Matters

The executor of your will makes decisions that directly affect how smoothly your estate is handled. A poor choice, such as someone unwilling to take on the responsibility or unable to manage the paperwork, can lead to delays in the Illinois probate process, disputes among heirs, or mistakes that could cause legal complications. Thoughtful planning now can make life much easier for your loved ones later, providing both clarity and peace of mind.

The Value of Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd.  Estate Planning Attorneys

It is possible to draft a will on your own. However, selecting the executor of your will and preparing estate documents is not a one-size-fits-all process and should be customized to meet your individual needs. Our experienced Illinois estate planning attorneys can ensure that your documents meet state requirements and reflect your full intentions. We can:

  • Help you evaluate potential executors objectively
  • Explain the legal duties and risks of serving as executor of a will
  • Ensure your will complies with Illinois probate law
  • Draft clear, enforceable estate planning documents
  • Coordinate your will with trusts, powers of attorney, and beneficiary designations

Working with an attorney at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. means you’re not just filling out templates, but rather you’re creating a plan that truly protects your legacy and loved ones. Reach out to our team at 847-223-1500 to schedule a consultation.

6 Strategic Ways for Illinois Business Owners to Plan for Success in 2026

Here are several key ways Illinois business owners can plan ahead for success in the upcoming year, and why working with our employment law attorneys should be an essential part of that strategy.

Illinois business owners plan for success

As Illinois business owners finalize their planning for 2026, it’s the ideal time to take notice of what’s working, address potential risks, and set up the company for sustainable growth. Strategic planning isn’t just about revenue goals. It’s also about building a strong legal and operational foundation. From compliance updates to workforce strategy, proactive planning now can help you avoid costly issues later and position your business for long-term growth. Here are several key ways Illinois business owners can plan ahead, and why working with our employment law attorneys should be an essential part of that strategy.

Update Your Employee Handbook to Reflect Current Illinois Laws

Employment laws in Illinois continually change and evolve, and employee handbooks should evolve with them. Policies related to paid leave, workplace conduct, discrimination and harassment, remote work, and employee classification must comply with both state and local requirements. An outdated handbook can expose your business to legal risk, create confusion among employees, and make it difficult to enforce workplace policies. Our attorneys can review and update your handbook to ensure it aligns with current Illinois laws and clearly sets expectations for your workforce in 2026.

Review Employment Policies and Workplace Practices

Beyond the handbook, business owners should take time to assess whether their day-to-day employment practices match what their written policies say. This includes hiring procedures, performance evaluations, disciplinary actions, and termination processes. Our attorneys specialize in Illinois employment law and can help identify gaps or inconsistencies, recommend best practices, and ensure your policies are not only legally compliant but also practical for your business operations.

Prepare for Changing Laws Affecting Illinois Employers

Illinois frequently enacts new employment-related legislation that impacts wages, leave requirements, employee protections, and employer obligations. Planning for the upcoming year means staying informed and adapting before new laws take effect, not scrambling afterward. Working with our team allows business owners to anticipate changes, understand how new laws apply to their workforce, and implement compliant policies before deadlines arrive.

Strengthen Employee Agreements and Workplace Protections

Employment agreements, non-disclosure agreements, and restrictive covenants should be reviewed periodically to ensure they are enforceable under Illinois law and still meet your business goals. Laws governing non-compete and confidentiality agreements have become increasingly complex, making careful drafting more important than ever. Our attorneys can help update or create agreements that protect your business while remaining compliant with Illinois regulations.

Train Management and Supervisors

Even the strongest policies can fall short if managers and supervisors don’t understand how to apply them. Training leadership on employment law basics, harassment prevention, leave management, and proper documentation can significantly reduce legal risk. We can provide valuable information so your business can tailor training programs that help management teams handle workplace issues correctly and consistently.

Partner with Churchill, Quinn, Hamilton & Van Donselaar, Ltd for Comprehensive Support for your Business

For Illinois business owners, working with our attorneys who specialize in employment law provides peace of mind and practical guidance. We can help you:

  • Stay up to date on Illinois-specific employment laws
  • Update employee handbooks and policies
  • Reduce the risk of employee disputes and litigation
  • Align legal compliance with your business goals for 2026

Now is the ideal time to evaluate your employment practices and plan for success. Partnering with our experienced team can help ensure your business is prepared, compliant, and positioned for continued growth throughout the upcoming year. Contact us at 847-223-1500 to schedule a consultation to see how we can provide the support and peace of mind you need for your business, now and into the future.

Dangerous Internal Disputes Can Put a Company at Risk

Even the most successful companies can face internal conflict, but internal disputes can quickly escalate and even threaten the future success of the company.

internal company disputes

Starting and growing a business often depends on strong partnerships that are built on trust, shared goals, and mutual investment. However, even the most successful companies can face internal conflict. Disputes between shareholders, owners or business partners are more common than many entrepreneurs expect, and if they are not resolved quickly, they can escalate and even threaten the future success of the company.

Common Internal Business Disputes

Business disputes do not typically stem from a single issue. In fact, they often develop over time as disagreements compound. Some of the most common causes include:

  • Differences in vision or goals for the company, such as whether to expand, take on new debt, or change the business model.​
  • Disagreements over management and control, including who makes key decisions, how transparent leadership must be, and how much authority each owner has.​
  • Financial disputes over profit distributions, dividends, salaries, bonuses, or how company resources are being spent or reinvested.​
  • Allegations of breach of fiduciary duty, self‑dealing, conflicts of interest, or misuse of company assets and opportunities.​
  • Exit and valuation disputes, including fights over buy‑sell terms, how to value an ownership interest, or the conditions under which an owner may be bought out.​

How Internal Legal Disputes Can Harm a Business

Unresolved disputes between owners can be devastating. Beyond the legal costs, these conflicts can:

  • Distract leadership from running the business
  • Damage employee morale and productivity
  • Undermine relationships with clients, vendors, and lenders
  • Delay growth opportunities
  • Expose the business to litigation, financial loss, or dissolution

In some cases, disputes become public, harming the company’s reputation and long-term value. What begins as an internal disagreement can quickly evolve into a crisis that affects every aspect of the business.

How Working with the Experienced Business Attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. Can Help

A knowledgeable business attorney plays a critical role in resolving disputes as well as minimizing their impact on the company. Our legal counsel can:

  • Provide Strategic Guidance – We can assess the dispute objectively, explain legal rights and obligations, and help business owners understand the potential risks and outcomes of various courses of action.
  • Enforce or Clarify Governing Documents – Shareholder agreements, operating agreements, and partnership agreements often control how disputes must be handled. Our attorneys can interpret these documents, enforce their terms, or identify gaps that need to be addressed.
  • Facilitate Negotiation and Mediation – Many disputes can be resolved without litigation. We can negotiate on your behalf, pursue mediation, and work toward practical solutions that preserve the business whenever possible.
  • Represent Clients in Litigation When Necessary – When resolution outside of court is not possible, our skilled attorneys can aggressively protect your interests in litigation, arbitration, or other formal proceedings.
  • Help Prevent Future Disputes – Beyond resolving the immediate issue, we can help revise governing documents, implement clearer policies, and structure ownership arrangements to reduce the risk of future conflict.

 If your business is experiencing tension among shareholders, partners, or co‑owners, or if you simply want to strengthen your agreements to avoid future conflict, reach out to us at 847-223-1500 to schedule a consultation or request more information.

Create a Will to Kickstart 2026 with a Truly Meaningful Resolution

This year, make it your resolution to create or update your estate plan with the help of our team, for security and lasting peace of mind.

Create will in the new year

Every new year brings fresh goals – exercise more, spend less, get organized. But there’s one resolution that offers lasting peace of mind and protects your loved ones far more than any fitness or financial goal: creating your will. It may not be the most exciting task on your to-do list, but it’s one of the most meaningful. A will is more than a legal document. It’s a gift to your family that ensures your wishes are honored and your assets are handled exactly as you intend.

Why Having a Will Matters

Without a valid will, a court determines how your estate is divided. That means your loved ones could face delays, confusion, and even conflict during an already overwhelming time. By putting your wishes in writing, you take control of what happens to your home, your belongings, and your legacy.

Creating a will helps:

  • Clearly spell out how your assets and property should be distributed.
  • Appoint guardians for your children or dependents.
  • Choose who will handle your affairs after your passing.
  • Minimize confusion, disputes, and legal delays for your family.

The truth is, everyone, no matter their age or wealth, benefits from having a well-drafted will in place.

What a Complete Will Should Include

An effective will typically addresses key areas such as:

  • Executor appointment – Naming someone you trust to carry out your wishes.
  • Asset distribution – Outlining exactly who receives what.
  • Guardianship designations – Ensuring your children are cared for as you intend.
  • Special bequests – Including gifts to charities or specific individuals.
  • Witness signatures and legal compliance – Making sure your document is valid under state law.

Every situation is unique, and small oversights like unclear language or missing witnesses can make a will unenforceable. That’s why working with an experienced attorney is essential.

 Don’t Forget About a Living Will

In addition to a traditional will, it’s equally important to have a living will, or advance healthcare directive. This document allows you to state your medical care preferences if you become unable to communicate them yourself. It can address topics like life-sustaining treatment, organ donation, and other crucial healthcare choices. Having a living will means your loved ones will know exactly what you wanted and so they won’t have to make these difficult decisions for you. Our knowledgeable attorneys can help you draft your living will alongside your estate plan, creating a comprehensive approach that covers both your medical and financial wishes.

Why a Qualified Attorney Makes All the Difference

While online templates might seem convenient, estate planning is far too important to leave to chance. Our skilled estate planning attorneys help to ensure your will fully reflects your wishes and complies with all legal requirements. They can anticipate complex issues you may not consider, such as blended families, joint property ownership, or special tax considerations, so your plan truly protects your loved ones. Most importantly, we work as your trusted partner and can update your documents as your life evolves, ensuring your plan always matches your current circumstances.

 Work With Churchill, Quinn, Hamilton & Van Donselaar, Ltd for Peace of Mind in the New Year

Making a will is one of the most responsible and compassionate things you can do for your family. This year, make it your resolution to create or update your estate plan with the help of our team. You’ll find it is one of the best ways to give yourself and your loved ones the gift of security and lasting peace of mind. Reach out to 847-223-1500 learn more and to schedule a consultation.

New and Amended Illinois Employment Laws to Be Aware of in 2026

Illinois will see a number of significant new employment laws, as well as amended language in existing laws, that will take effect in 2026. Our knowledgeable attorneys can help ensure your company is fully compliant with the latest legal requirements.

IL new employment laws for 2026

Illinois will see a number of significant new employment laws, as well as amended language in existing laws, that will take effect in 2026. These laws will expand worker rights as well as create new obligations for employers. The changes affect workplace agreements, leave policies, wage protections and an employee’s ability to take action on workplace issues.

New Employment Laws Being Enacted in 2026

A few notable laws which will become effective in 2026 in the State of Illinois include:

  • New Protections for AI Use in Hiring and Employment Decisions – One of the biggest changes in employment laws centers around artificial intelligence (AI). Effective January 1, 2026, Illinois employers who use AI or generative AI in employment decisions (such as recruiting, promotions, terminations, or setting the terms of employment) are required to take specific steps, including notifying applicants or employees that AI is being used. Additionally, under the Illinois Human Rights Act, employers may not use AI in a way that disproportionately impacts protected classes, such as race or gender. In addition, employers are prohibited from using certain proxies, like zip codes, in their AI systems if doing so would discriminate against protected groups.
  • Family Neonatal Intensive Care Leave Act – under this law, which goes into effect on June 1, 2026, employers are required to provide unpaid leave to eligible employees who have a child in the Neonatal Intensive Care Unit (NICU). The leave amount depends on employer size, with smaller employers (16–50 workers) allowing 10 days, and larger ones (51+) requiring 20 days to be offered.
  • The Workers’ Rights and Worker Safety Act states that the State of Illinois ensures that certain federal workplace safety standards (OSHA, FLSA) remain in force even if federal protections are rolled back. In other words, Illinois can secure stronger labor protections by adopting the federal standard as it existed at a prior date, in order to ensure a safe workplace.

Expansion of Current IL Employment Laws

Along with the new laws that are being enacted, a number of existing employment laws were amended.

  • The Illinois Workplace Transparency Act has amended language that gives employees a greater ability to speak out and act together about workplace issues, prevents employers from trying to get around Illinois labor protections through the use of contract clauses, and adds new safeguards to ensure confidentiality agreements are truly voluntary and fairly negotiated.
  • The Nursing Mothers in the Workplace Act was amended to provide nursing mothers reasonable break time compensated at the employee’s regular rate of compensation. The law now clearly prohibits employers from requiring employees to use paid leave or reduced pay during these times.
  • The Victims’ Economic Security and Safety Act was updated so that employers in Illinois cannot fire, refuse to hire, discriminate against, or retaliate against employees for using company-issued devices like phones, tablets, or computers to record incidents of violent crime committed against themselves or their family or household members. Employers also cannot take away access to such company-issued devices because someone used them for this purpose and must provide employees access to any photos, recordings or digital evidence stored on those devices related to the incident.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd. to Protect your Business

Partnering with an attorney who specializes in Illinois employment law is one of the smartest investments a business can make as these changes take effect. Our knowledgeable attorneys can help ensure your company is fully compliant with the latest legal requirements by providing timely updates, translating complex legal language and helping to revise important documents like employee handbooks and contracts to reflect current laws. Contact our office at 847-223-1500 to schedule a consultation and learn how we can help provide the legal protection and peace of mind you need to focus on the success of your business while following the law.

5 Legal Strategies for Landlords During the Holiday Season

Tips for landlords during holiday season

The holiday season may be a time of celebration, but for landlords, it can also bring a unique set of legal challenges. From winter maintenance requirements to tenant disputes over decorations, the final months of the year often demand extra vigilance—and a solid understanding of landlord-tenant law. Being proactive can help protect your property, your tenants, and your bottom line. Here are some of the most common legal issues landlords encounter during the holidays and why partnering with a skilled attorney is one of the best steps you can take.

Winter Weather and Habitability Requirements

Landlords must maintain a safe and habitable property, which becomes even more critical during harsh winter months. Holiday season storms can create issues such as:

  • Heat outages
  • Frozen pipes
  • Roof leaks
  • Ice- or snow-related hazards

Failing to address these problems quickly can lead to claims of negligence or violation of habitability laws. Our attorneys can help landlords understand their specific obligations, respond appropriately and protect themselves from liability if an emergency arises.

Holiday Decorations and Safety Regulations

Tenants often like to decorate, but not all decorations are safe or allowed. Common issues include:

  • Unauthorized exterior holiday decorations
  • Use of candles or other fire hazards
  • Overloading electrical outlets
  • Hanging decor that damages property

Landlords need clear lease terms to regulate decorations without overstepping tenant rights. Our attorneys can help craft policies that balance safety with tenant enjoyment and ensure they align with state law.

Noise Complaints and Holiday Parties

The holiday season brings parties, and parties bring noise. When noise becomes excessive, landlords may receive complaints from neighbors or other tenants. Without proper guidelines in the lease, enforcing rules around noise and gatherings can be challenging. Our team can review or revise your lease clauses to ensure you have enforceable authority to manage noise issues and address nuisance behavior in a legally sound manner.

Short-Term Guests and Unauthorized Occupants

The holidays can lead to guests staying longer than expected. If those guests begin to function like tenants, legal issues can follow. Extended-stay guests may cause issues regarding parking, security or increased wear and tear on a unit. Additionally, some tenants rent out their units to travelers over the holidays without permission. This can expose the landlord to liability, insurance gaps, and zoning violations. Our attorneys can create lease language that defines what counts as a guest versus an unauthorized occupant, such as a sublessee, and what steps to take if the tenant violates those terms.

Evictions and Delays Due to Court Closures

The holidays often slow down court proceedings. If a landlord is already dealing with nonpayment or lease violations, court closures and reduced staffing may delay eviction actions. Consulting one of our knowledgeable attorneys can help landlords plan ahead, file paperwork correctly the first time and avoid costly delays.

The Right Attorney Can Make a Difference for Landlords

The holiday season should be a time of peace, not legal stress. The qualified landlord-tenant attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can:

  • Review or update your lease to include seasonal issues
  • Provide guidance on habitability requirements and emergency planning
  • Help you navigate disputes and enforce lease terms legally
  • Advise you on fair housing compliance
  • Protect you from unnecessary liability
  • Ensure you stay compliant with state and local laws

With the right legal partner, you can avoid costly mistakes, resolve conflicts efficiently and enter the new year with confidence. Reach out to our team at 847-223-1500 to learn more!

Kickstart the 2025 Holiday Season at the Festival of Lights & Holiday Market

We are happy to sponsor the 2025 Festival of Lights & Holiday Market in Grayslake. Fine event details here!

Festival of Lights and Holiday Market 2025

The holiday season is upon us – and here’s the perfect way to start celebrating. The Festival of Lights and Holiday Market, presented by the Grayslake Area Chamber of Commerce, brings the joy of the season to life with appearances by Santa and Mrs. Claus and their reindeer, a parade, crafts, food and a festive holiday street market, which Churchill, Quinn, Hamilton & Van Donselaar, Ltd have happily sponsored.

Holiday Event Details and Schedule

This event promises an afternoon packed with festivities for the whole family to enjoy.

Date: Friday, November 28, 2025

Time: 2:00pm – 6:00pm

Location: Downtown Grayslake

Activities:             Photos with Santa at Heritage center: 2:00pm – 4:00pm

Parade: 4:30pm

Tree Lighting: immediately following the parade

Arts Alliance show at Village Hall: 4:00pm – 7:00pm

Heritage Center Giving Trees Display: 12:00pm – 6:00pm

Additionally, there will be kids’ crafts and carriage rides at the village hall throughout the day, and downtown holiday shopping at the festive street market. This is the perfect opportunity to find unique gifts for the special family and friends on your holiday list!

Churchill, Quinn, Hamilton and Van Donselaar, Ltd. Supports our Community

With the hustle and bustle that comes along with the busy holiday season, it’s always wise to take advantage of these special moments and share quality time with loved ones. At Churchill, Quinn, Hamilton and Van Donselaar, Ltd., we love to spread joy and help our community get in the holiday spirit. That is why we do our part to sponsor heartfelt events like these.

Our firm has been an established source of legal guidance in Grayslake and the surrounding areas for over 125 years. If you are a business owner, we can help with a wide range of services such as partnerships, succession planning, financing, litigation and more. Individuals benefit from our expertise in estate planning and will preparation, real estate and zoning assistance, landlord-tenant disputes, personal lawsuits and so many other legal services. Learn more about our professional areas of practice HERE and see why we remain one of the area’s most trusted legal sources.

Business Collections: 4 Critical Times to Contact an Attorney

If your business has collections that are stalling or proving to be more difficult than you thought, reach out to our office for the legal assistance you need to move forward without putting the business at risk.

attorney for business collections

Every business depends on reliable payments to maintain healthy cash flow. However, when invoices aren’t paid on time, collections of the outstanding balances are not always straightforward. Debt collection, especially when it comes to businesses, is regulated by federal and state laws that dictate what businesses can and cannot do to recover what they’re owed.

Key Legal Issues in Business Collections

Businesses must understand several important legal issues with collections. They should also understand that working with an attorney can become essential if routine collection efforts fail or disputes escalate.

  • The Fair Debt Collection Practices Act (FDCPA) – The FDCPA prohibits abusive, deceptive, and unfair debt collection practices. Use of any unlawful collection tactics, such as harassment, misrepresentation, improper interest rate changes, or failing to follow required notice provisions, can lead to legal penalties.
  • State Laws – Illinois also has specific laws that businesses must follow when it comes to collections. These laws set rules for collecting on past-due accounts and prohibit deceptive or unfair practices, as well as define parameters for businesses that are filing lawsuits.
  • Statutes of Limitations – Every debt has a “statute of limitation,” which is the maximum period of time after a debt becomes due that legal proceedings can be initiated to collect it. Attempting to collect on debt that has reached its statute of limitation can lead to legal complications.
  • Bankruptcy – When someone declares bankruptcy, businesses are not allowed to continue actions to collect on their debt owed. Continued attempts can result in severe penalties from the bankruptcy court. Understanding the different types of bankruptcy and how they impact your ability to collect is vital.

How We Can Assist in your Business Collections  

Even with the best intentions, collections don’t always go smoothly. This is where an experienced attorney with extensive knowledge of fair collection practices can be so important. At Churchill, Quinn, Hamilton & Van Donselaar, Ltd., we can:

  • Ensure your business is compliant with federal and state laws
  • Navigate disputes and negotiate settlements
  • Initiate legal action, such as lawsuits or judgments
  • Help navigate situations that involve bankruptcy proceedings
  • Provide invaluable expertise for complex cases
  • Save your business significant time, stress and financial losses from improper collections practices

If your business has collections that are stalling or proving to be more difficult than you thought, reach out to our office for the legal assistance you need to move forward without putting the business at risk. Call 847-223-1500 to schedule a consultation.

4 Ways to Legally Protect your Commercial Property with the Right Attorney

Commercial property owners and managers often have legal challenges to contend with. Some may present a genuine risk if not resolved properly, and therefore should only be handled by an experienced, knowledgeable attorney.

commercial property attorney

Commercial property owners and managers often have legal challenges to contend with. Some may be easily taken care of alone, but others can present a genuine risk if not resolved properly, and therefore should only be handled by an experienced, knowledgeable attorney.

Drafting, Reviewing and Negotiating Leases

A commercial lease is far more complex than a residential one. In fact, this document provides the foundation for the operation of the property. Our attorneys can help ensure that the lease is drafted and executed properly to avoid problems down the line. And if disagreements do arise over the terms of the lease, we can help to negotiate, enforce, or modify the contracts to protect your interests.

Buying or Selling a Commercial Property

The purchase or sale of a commercial property is one of the largest financial transactions many individuals or companies undertake. And as expected, many legal complexities can be encountered throughout the process. These types of transactions involve much negotiation, documentation and regulatory compliance. We guide our clients through the process, from contract review and financing arrangements to closing.

Development and Zoning

If you’re looking to develop a new commercial property, redevelop an existing one, or change its use, you will need to deal with zoning laws and local regulations. We assist clients in understanding zoning restrictions, obtaining necessary permits, variances, conditional use permits, and working with planning boards to ensure your development plans align with local regulations. We can also help you understand potential liabilities, and ensure compliance with state and federal environmental laws.

Collection, Evictions and Property Management Litigation 

When tenants default, break their leases, or cause property damage, evictions and damage recovery actions can be handled by our legal experts who understand procedural requirements and local laws. Additionally, issues like construction disputes during renovations or even liability claims due to accidents on the property can be costly if you are not represented by an experienced attorney.

Working With Churchill, Quinn, Hamilton & Van Donselaar, Ltd to Protect your Commercial Property

A commercial property is a significant asset, so ensuring its legal protection should be a top priority. Partnering with our experienced commercial real estate attorneys means having a dedicated team on your side, ready to navigate legal complexities, protect your interests, and help you achieve your business objectives. Every property is unique, and so are its legal needs. Contact us at 847-223-1500 to schedule a consultation for a personalized plan to keep your property protected and create a foundation for success.

 

5 Vital Steps when an Ex-Employee Violates a Restrictive Covenant Agreement

When a restrictive covenant agreement is violated, knowing how to respond quickly and strategically is very important. Working with an experienced attorney can make all the difference in protecting your interests.

restrictive covenant agreement violations

Restrictive covenants are an essential way to protect a company’s most valuable assets, such as its employees, clients, and confidential information. Therefore, if a former employee disregards these legal agreements, it can pose a substantial threat to the business. Knowing how to respond quickly and strategically is very important, and working with an experienced business attorney can make all the difference in protecting your interests.

What is a Restrictive Covenant?

A restrictive covenant is a clause that is often included in an employment contract, and places limits on what an employee is legally allowed to do while employed, as well as after they leave the company, in order to protect the interests of the employer.  Common types of restrictive covenants include:

  • Non-Compete Agreement – this type of agreement prevents an employee from going to work for a competitor or from starting a competing business within a specific location and period of time.
  • Non-Solicitation Agreement – this states that a former employee may not contact customers, vendors or co-workers in an attempt to bring them to their new company.
  • Confidentiality/Non-Disclosure Agreement (NDA) – this agreement states that an employee is not allowed to share any confidential, sensitive or proprietary company information with others. This could include trade secrets, business plans or processes, product formulas, company strategy and more.

Steps to Take When a Restrictive Covenant has been Violated

If a former employee violates a restrictive covenant, it can result in serious damage to a company, including lost revenue or irreparable harm to client relationships. That’s why it’s vital to take quick, legally sound action.

  • Gather evidence – The first step is to confirm that a violation has actually occurred. This could involve monitoring client activity, employee departures, or competitor conduct. Collect emails, contracts, or witness statements – anything that clearly demonstrates the restrictive covenant was breached.
  • Review the agreement with your attorney – Restrictive covenants must be drafted carefully in order to be enforceable. In fact, courts typically pay close attention to confirm that the terms are reasonable. Our attorneys can review the agreement and assess whether it is enforceable under state law before pursuing any action.
  • Send a cease-and-desist letter – Sending a cease-and-desist letter to the former employee, or even their new employer, is often an effective way to get immediate results. This letter serves as a formal notice of the breach and gives them an opportunity to stop the prohibited activity before litigation becomes necessary.
  • Consider all options for resolving the dispute – Not all cases require immediate litigation. Mediation or arbitration may provide a quicker, less costly solution if the agreement requires or allows it. Our experienced attorneys can help evaluate whether pursuing alternative dispute resolution is in your company’s best interest at this stage.
  • Take it to court when necessary – If the violation continues, litigation may be unavoidable in order to stop the behavior and recoup the monetary losses that the company has incurred.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd for a Restrictive Covenant Dispute

Restrictive covenant violations can put a business at risk, but not every agreement is enforceable, and not every breach warrants the same response. Our skilled business attorneys bring the legal insight necessary to:

  • Evaluate whether the covenant itself can stand up in court
  • Recommend strategic, cost-effective actions at each stage
  • Protect your business’s reputation, interests and assets

If a former employee has put your company in a challenging situation, contact us at 847-223-1500 to schedule a consultation and begin the process of reaching a successful resolution.

6 Common Accidents That Could Lead to a Successful Personal Injury Claim

Personal injury law covers a wide range of circumstances where someone else’s negligence or wrongdoing causes harm. Here’s how to tell if you might have a valid claim.

personal injury cases

If you have been hurt in an accident, you might have legal grounds for a personal injury case, even if you don’t realize it. Personal injury law actually covers a wide range of circumstances where someone else’s negligence or wrongdoing causes harm. If you’ve been injured, even in a situation that might not seem obvious, you could have a valid claim.

Common Scenarios That Might Be a Personal Injury Case

You may be surprised by the wide range of situations that can lead to a personal injury claim. Here are a few real-world examples of common accidents that might get you thinking about your own case:

  • Car accident: You were rear-ended at a stop sign. The damage to your car seems minimal, but a few days later, you start experiencing persistent neck pain. You might think it’s not a big deal, but that minor pain could be whiplash, a serious injury that often requires extensive physical therapy and medical care. The other driver’s insurance company may not cover these costs without legal intervention.
  • Slips and falls: You’re shopping at the grocery store, and you slip and fall on a wet floor that wasn’t marked with a warning sign. You twisted your ankle and now face medical bills and time off work. This could be a liability case, where the store had a duty to maintain a safe environment and failed to do so.
  • Product liability: You bought a new appliance that seemed perfectly safe, but it malfunctioned and caused a serious burn. You followed all the instructions, but the product’s design or a manufacturing defect made it dangerous. This could be a product liability case, where the manufacturer or seller can be held responsible for the harm their product caused.
  • Construction accidents: You are walking past a construction site when a piece of debris falls and hits you, causing a head injury. While there may be workers’ compensation for employees, you may have a personal injury claim against the construction company for its negligence in keeping the public safe.
  • Medical malpractice: You go to the doctor complaining of shortness of breath, cough and chest pain. The doctor does a quick exam and dismisses it as a simple case of bronchitis, without ordering any additional tests or x-rays. Months later, after worsening symptoms, a second opinion and appropriate testing reveals an advanced stage of lung cancer. This delayed diagnosis results in fewer treatment options, higher medical bills, and a shorter life expectancy, all of which contribute to a strong case for a personal injury claim.
  • Nursing home abuse or neglect: Your father is a resident in a nursing home. Due to his limited mobility, he requires staff to move him around frequently. While visiting one day, you notice deep bedsores that have become infected, requiring him to be hospitalized. The negligence of the staff to provide appropriate care for your father has led to increased medical bills, pain and suffering and a worsened health condition, and should be considered as a case for a personal injury claim.

Getting Legal Assistance for your Personal Injury Case

A personal injury case involves proving that harm was caused by the careless, reckless, or intentional actions of another party. These cases often center on recovering compensation for medical bills, lost wages, pain and suffering, or other damages caused by the injury. Working with the right attorney can be the key to achieving the most successful settlement terms as quickly as possible. Reach out to our team at 847-223-1500 and we can evaluate your case and help you get the support you deserve.

A Legal Guide to Filing a Mechanic’s Lien for Unpaid Debt

mechanic's lien attorney

When a contractor, subcontractor, or supplier performs work or provides materials for a construction project, they deserve to be paid – and a mechanic’s lien is often required. Unfortunately, payment disputes are not uncommon in the construction industry. Imagine you’ve dedicated your skills, time, and materials into a construction or repair project, holding up your end of the bargain, but payment is slow in coming, or worse, doesn’t come at all. This situation can be incredibly frustrating and can significantly impact the financial health of your business.

When payments are delayed or withheld, a mechanic’s lien can be a powerful legal tool to help collect what is owed. But navigating the mechanic’s lien process can be complex – especially when strict deadlines and legal technicalities come into play. That’s where a knowledgeable attorney becomes essential.

Why a Mechanic’s Lien can be so Important

A mechanic’s lien is a legal claim filed against a property by someone who has supplied labor or materials for improvements to that property and has not been paid. The lien essentially acts as a form of collateral, tying the unpaid debt to the property itself. If the debt remains unpaid, the lien can eventually lead to foreclosure proceedings, forcing the sale of the property to satisfy the claim. For those in the construction and contracting industries, a mechanic’s lien is a vital tool for securing payment for what they have invested, such as materials, time or expertise, and providing the leverage to pursue legal action if necessary.

The Legal Process of Filing a Mechanic’s Lien

Mechanic’s lien laws generally involve several strict steps and deadlines:

  1. Preliminary Notice – Contractors or suppliers must first provide a preliminary notice to the property owner that they are working on the project and may file a lien if unpaid.
  2. Filing the Lien – If payment is not received, a lien must be filed with the appropriate county recorder’s office within a specified period (often 60 – 120 days after last providing labor or materials).
  3. Notifying the Owner – The party filing the lien typically must also serve notice of the lien on the property owner within a short time after filing.
  4. Enforcing the Lien – If the lien is not voluntarily satisfied, the claimant must file a lawsuit to enforce it within a limited window (usually one year or less). Failure to act within the deadline can void the lien.

Each of these steps must be followed exactly as outlined by law. Mistakes, such as missing a deadline or failing to include required information, can render a lien invalid.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd

Filing a mechanic’s lien isn’t just about submitting a form – it’s a legal action with serious consequences for all parties involved. Our attorneys have vast experience in this area and can help by:

  • Ensuring compliance and making sure all procedural requirements are met and all deadlines are tracked.
  • Protecting your rights by providing proper representation, whether you’re a contractor looking to get paid or a property owner disputing a lien.
  • Negotiating settlements or helping to resolve payment disputes before they escalate, thereby avoiding lengthy litigation.
  • Litigating when necessary, if court action is needed to enforce or defend against a lien.

When it comes to mechanic’s liens, it is imperative to work with a skilled attorney who understands the intricacies of construction law. Contact us at 847-223-1500 to request a consultation.

Appealing a Property Assessment Can Strategically Lower Taxes

If the value of your property is assessed too high, appealing can save you hundreds, or even thousands, of dollars each year. Our experienced attorneys can help appeal your assessment in order to reduce your tax bill. Find more information here.

property assessment appeal

Property owners in Lake County, IL can expect to receive their property assessment notifications very soon (if you have not already). When the notice arrives, tossing it to the side with the intent to get to it later can turn out to be a costly mistake, as time is of the essence if you want to appeal. Understanding what an assessed value is and how it affects your property taxes is essential. And if the value of your property is assessed too high, appealing can save you hundreds, or even thousands, of dollars each year.

What is an Assessed Value?

The assessed value of your property that will be shown on the notification is not the full market value. Rather, to calculate the assessed value, the assessor’s office will look at the fair market value of the property, and then take a percentage of that number to determine the assessed value. Generally, that number is 33 1/3%. So, for example, if the fair market value of your home is $300,000, the assessed value should be approximately $100,000.

Why it’s Important That the Assessed Value is Accurate

The main reason that it’s essential to verify the assessed value is that this is the number that the assessor’s office uses to determine the amount of property taxes you will be required to pay. If the assessed value is too high, your property tax bill will be higher than it needs to be. This number is NOT always accurate! If you believe the value seems higher than it should be, acting quickly is essential. The information on the notification is time-sensitive. Once the appeal window closes, you lose your opportunity to challenge the value for that tax year.

Appealing the Assessed Value of your Property

If you believe your property’s assessed value is too high, you have the right to file an appeal. In fact, many homeowners do, and many appeals are successful. To build a strong appeal, you’ll need to provide evidence such as:

  • Recent sales of comparable homes (called “comps”)
  • A professional appraisal
  • Proof of incorrect property data (e.g., square footage, number of bathrooms)

But gathering the right evidence and presenting a persuasive argument can be more complicated than it seems. That’s where legal help becomes a major asset.

Working With Churchill, Quinn, Hamilton & Van Donselaar, Ltd for a Successful Appeal

It is certainly possible to file an appeal on your own. However, working with our experienced team does offer a number of benefits.

  • Legal Expertise – We understand the nuances of Illinois property tax law, deadlines, and procedures and we know how to navigate the system effectively.
  • Accurate Property Valuation – We can help verify the information that the assessor used when determining the value of your home, ensuring that they used the correct lot size, house age, room count for bedrooms and bathrooms, or anything else that might affect the value. We also make sure they compared your house to similar homes based on size, age, etc.
  • The Ability to Present a Stronger Case – There are many details to consider during the appeal process and even if you present a good case, the assessor does not have to agree with you. In fact, they will often do their best to defend their original estimate. We know how to build a comprehensive appeal that includes the right documentation, detailed analysis, and legal arguments tailored to your case.

Our attorneys have an extremely high success rate when it comes to helping our clients save money on their property tax bills.  We will provide a free initial evaluation to determine if an appeal is warranted – and will not charge any fee unless we successfully reduce your taxes.  Contact us at 847-223-1500 to learn more or to schedule your consultation.

Grayslake SummerFest 2025 is an Epic Celebration of Summer

We are proud sponsors of the 2025 Grayslake SummerFest – find event details here!

Grayslake Summerfest 2025

For over 30 years, Grayslake SummerFest has been one of the highlights of the season for Grayslake and area residents. Formerly known as Grayslake Summer Days, this event has everything you could want in a summertime outing. That’s why Churchill, Quinn, Hamilton & Van Donselaar, Ltd is always proud to be a sponsor. This year, we are sponsoring the bingo tent – we hope you have great luck, whether it’s 4 corners, 5 in a row or the thrilling coverall!

SummerFest Event Details

Dates:   August 15, 2025  5:00pm – 11:00pm

August 16, 2025  4:30pm – 11:00pm

Location: 10 S. Seymour Ave, in Downtown Grayslake, IL

Admission: FREE to attend! No outside food or drinks will be allowed.

SummerFest Highlights

As usual, Grayslake SummerFest promises to be an unforgettable FREE event with live music, food trucks, community fun, a parade, drinks, bingo, and more! Also, THE DEN is back – perfect for photo ops, lounging, and socializing! Find more details at https://grayslakechamber.com/event/grayslake-summer-fest-2025/2025-08-15/

Music Schedule

The entertainment is top-notch this year so come out to enjoy as many acts as possible.

Friday, August 15

5pm – Fest opens

Simply Elton (Elton John tribute band)

7pm – Battle of the Bands Winner (from the Grayslake Summer Nights competition)

8pm – Southern Accents (Tribute to Tom Petty)

Saturday, August 16

4:30pm – Parade

5:30pm – School of Rock (Libertyville)

7pm – Boy Band Review (Tribute to BSB, NSYNC, 1D, Jonas Bros)

9:30pm – Hairbangers Ball (80s hair metal tribute band)

Community Fun Sponsored by a Long-Standing Community Member

Grayslake SummerFest is always an incredible event and this year promises to continue that tradition. The jam-packed event is appropriate for all ages and features something for everyone! Churchill, Quinn, Hamilton & Van Donselaar, Ltd. has been a proud staple of our community for over 125 years. We understand the value of community involvement and public service and we happily support and sponsor local events like these whenever possible.

As an integral part of the Grayslake community, we are well-known for providing honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources.

Bring on the Bands at the Exciting 2025 Grayslake Summer Nights Event

Grayslake Summer Nights bands

Summer is the best time to take part in outdoor community events, especially those that combine bands, food, beer and FUN! Grayslake Summer Nights is a highly-anticipated annual event for music lovers that provides 2 stages of live entertainment with an array of exciting bands and musical acts performing throughout the night. Churchill, Quinn, Hamilton & Van Donselaar, Ltd. is proud to sponsor this great event that brings the community together to support local bands and celebrate some really amazing talent as they battle it out to become this year’s champion.

Event Details

Date: Saturday, July 26, 2025

Time: 5:00pm – 11:00pm

Location: Center Street between Slusser& Seymour in historic Downtown Grayslake

Cost: FREE!

Find more details at: https://grayslakevillagecenter.com/event-calendar/grayslake-summer-nights-2025

Battle of the Bands Lineup

Double the stages mean double the bands and twice the fun! Here is the tentative schedule for each stage:

City Chevy Stage (West Stage)

5pm – School of Rock – Libertyville

6:30pm – Sweet Heet

7:30pm – TBD

8:30pm – Poison Lips

9:30pm – remEMOries Band

B&W Nano Stage (East Stage)

6pm – Mourning Star

7pm – Wheel of Giants

8pm – The Orchids

9pm – Steady Ahead

10pm – Last Call Legend

Grayslake Summer Nights Brings the Fun Every Year

Summer in Grayslake truly isn’t complete without the electrifying performances of these great local bands as they compete for the top prize. This year, it’s $1,000 plus the opportunity to perform at the Grayslake SummerFest event on August 15th, 2025. Along with the bands, the event offers great food and drinks from fantastic vendors and the chance to make fun memories with family and friends.

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we proudly support our community by sponsoring activities like these that bring friends and neighbors together to cheer on local talent. In fact, for over 125 years, Churchill, Quinn, Hamilton & Van Donselaar, Ltd has been an integral part of the Grayslake community, offering honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources.

© Churchill, Quinn, Hamilton & Van Donselaar 2026 2 S. Whitney Street, Grayslake, IL 60030 Phone: (847) 223-1500   FAX: (847) 223-1700