Illinois Appellate Court
Civil Court
Construction Contracts
Court erred in entering judgment, after bench trial, against Defendant title company and in favor of Plaintiff LLC, and in concluding that Defendant had breached its fiduciary duty as construction escrowee to the LLC. As Defendant, as escrowee, had a fiduciary duty to act only in accordance with terms of Escrow Agreement, it cannot have violated its fiduciary duty by failing to inspect construction company's work for progress and quality because Escrow Agreement imposed no such obligation. Scope of fiduciary duty can be defined by escrow agreement. (FITZGERALD SMITH and LAVIN, concurring.)