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May 2011 Construction Law Newsletter

May 2011, vol. 1, no. 1

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In This Issue…

Related Court Cases

Mechanic's Lien Act
Pyramid Development, LLC v. Dukane Precast, Inc.
(Court opinion corrected 12/23/14.) In mechanic's lien litigation between Plaintiff, a general contractor company, and subcontractor, court properly found that Plaintiff failed to prove its cost to repair subcontractor's alleged defective workmanship, as Plaintiff failed to provide court with reasonable basis for computing damages. Court found Plaintiff's representative to be not credible, and he failed to keep records of Plaintiff's damages. Court properly found that Plaintiff was not entitled to recover on its lien due to Plaintiff’s failure to comply with Section 5 of Mechanics' Lien Act. (BURKE and SPENCE, concurring.)

Court of Claims
R.L. Vollintine Construction, Inc. v. The Illinois Capital Development Board
Plaintiff construction company filed petition for writ of mandamus in trial court requesting that court order Defendant (Illinois Capital Development Board), with which it had entered into construction contract, to submit its invoice to State Comptroller for payment.Court properly granted Defendant's 2-619 motion to dismiss, as Court of Claims had exclusive subject-matter jurisdiction over dispute. Payment Act does not impose on state agencies a mandatory, nondiscretionary duty to submit invoices to State Comptroller for payment after certificate of substantial completion has been issued. (TURNER and HOLDER WHITE, concurring.)

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