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May 2011 Construction Law Newsletter

May 2011, vol. 1, no. 1

New! 2010 Guide to Illinois Statutes for Attorneys' Fee - This handy edition lists provisions in the Illinois Compiled Statutes that authorize the court to order one party to pay the attorney fees of another. No matter what your practice area, this book will save you time – and could save you money! Buy it at http://www.isba.org/store/books/2010attorneysfees

 

Now every article is the start of a discussion. If you're a member of the Construction Law Section, you can comment on any of the articles that appear below.

In This Issue…

Upcoming CLE

Construction Contracts: The Boiler Plate That Gives You Fits
October 24 - DeKalb

Full CLE Calendar…

Related Court Cases

Bond Act
Lake County Grading Co. v. Village of Antioch
Public Construction Bond Act does not require the furnishing of a "completion bond" and a "payment bond", but the procurement of "a bond" for the public work. Once the bond is obtained, it is deemed to include both a payment and performance provision.(GARMAN, THOMAS, KILBRIDE, and KARMEIER, concurring.)

Unjust Enrichment
C. Szabo Contracting, Inc. v. Lorig Construction Company
Illinois Tollway Authority hired Defendant construction company as general contractor on I-355 project. Subcontractor, which was hired by subcontractor, sued general contractor after pipe-jacking work was complete and no payment was received. After bench trial, court properly entered judgment for subcontractor which had done pipe-jacking work. General contractor would have been unjustly enriched if permitted to retain benefit that it specifically requested at agreed price. Contract between two subcontractors is not a barrier to recovery from general contractor on quasi-contract theory, and general rule that a party must exhaust its legal remedies before pursing equitable remedy is inapplicable.(SCHOSTOK and HUDSON, concurring.)

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