(Court opinion corrected 7/11/16.) Dispute between general contractor and one of its subcontractors. In 2004, the two worked on an interior build-out of 96 condo units in a building on North Michigan Avenue in Chicago. In 2007, general contractor filed demand for arbitration against condo building owner. Because general contractor and its subcontractor were not true adversaries at arbitration and there are questions about extent of subcontractor's control over its claim, subcontractor is not precluded from pursuing its claims against general contractor in circuit court, and circuit court properly found that collateral estoppel did not apply.General contractor does not have an absolute right to payment from subcontracotr without proof of actual loss. Court erred in granting partial summary judgment to general contractor based on judicial estoppel.(CUNNINGHAM and HARRIS, concurring.)
Illinois Appellate Court
Civil Court
Construction Contracts