Asset Recovery Contracting, LLC v. Walsh Construction Company of Illinois

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (1st) 101226
Decision Date: 
November 1, 2012
1st Dist.
Cook Co., 4th Div.
Dispute arose from multimillion dollar redevelopment of commercial office building into residential and retail condominiums. Contract was completely integrated, as it contained all essential terms and an integration clause, but was facially ambiguous as to potential schedule delays.Court's consideration of extrinsic evidence of schedule changes did not violate parol evidence rule, as plentitude of contract provisions as to schedule changes and delays rendered contract ambiguous. Court properly interpreted "no damages for delay" clause to bar contractor's claim for delay damages. Subcontractor, by its conduct in continuing to perform and submitting requests for increased costs, waived argument that delays were of unreasonable duration. (LAVIN and FITZGERALD SMITH, concurring.)