Restore Construction Co., Inc. v. The Board of Education of Proviso Township High Schools

Illinois Appellate Court
Civil Court
Construction Contracts
Case Number: 
2019 IL App (1st) 181580
Decision Date: 
Friday, June 28, 2019
1st Dist.
Cook Co., 6th Div,
Reversed and remanded.

School Board refused to pay for construction and restoration services rendered by Plaintiff companies after 1 of the high schools in the district was damaged by fire. Plaintiffs were paid for a portion of their work, but Board refused to pay for the remainder after learning that restoration service contracts were entered into without proper approval. Court's finding that the agreements were void ab initio (because Board never voted on either intended contract and neither contract was ever subject to the bidding process) did not preempt a claim based on a contract implied in law for the value of the work performed in reliance on the presumed agreements. (DELORT and CUNNINGHAM, concurring.)