Illinois Appellate Court
Civil Court
Construction Contracts
Plaintiff construction company was hired by Defendant to install sanitary sewer system in subdivision. After completion of installation, city's engineering inspector, after viewing video of system, required additional work. Defendant refused to pay Plaintiff for extra work done by Plaintiff. The extra work Plaintiff did was "part and parcel" of contract between parties. Court properly deined Plaintiff's quantum meruit claim, as existence of an express contract on same subject matter dooms that claim. Court properly found that Defendant did not establish causal link between any damages it suffered and any breach by Plaintiff, and thus court properly denied Defendant's counterclaim for breach of contract. (McBRIDE and BURKE, concurring.)