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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

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.)

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.)

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