Electrical subcontractor sued general contractor for breach of oral contract for electrical services performed during construction of a Buffalo Wild Wings restaurant in North Dakota. After bench trial, court awarded subcontractor the principal sum of $59,400 plus interest. Plaintiff agreed to provide all labor and material needed for electrical wiring for project, and parties understood that Plaintiff could not perform all of the electrical work under the contract because Plaintiff did not have an employee licensed in North Dakota who could obtain necessary permits. Plaintiff and local subcontractor hired who could obtain permits did not believe or know that they were involved in a joint venture, and expenses of local subcontractor cannot be charged against Plaintiff's contract. Plaintiff signed lien waiver because Defendant told Plaintiff that it had to be signed to get paid, and neither party thought that signing had effect of preventing Plaintiff from getting paid what it was still owed on oral contract. (WELCH and CHAPMAN, concurring.)
Illinois Appellate Court
Civil Court
Construction Contracts