RDC Case Creek Trails, LLC v. Metropolitan Airport Authority

Illinois Appellate Court
Civil Court
Breach of Contract
Citation
Case Number: 
2020 IL App (3d) 190083
Decision Date: 
Friday, May 1, 2020
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Reversed and remanded.
Justice: 
O'BRIEN

Plaintiff LLCs entered into agreement with Airport Authority and City for Plaintiffs to develop the airport property. Airport terminated agreement based on Plaintiffs' failure to timely obtain financing, and Plaintiffs thereafter filed complaint for breach of express warranty. Once Airport terminated contract, any obligations under it also terminated, including Plaintiffs' responsibility to send notice to Airport of Airport's alleged breach of express warranty. Notice provision did not include a survival clause necessitating that Plaintiffs provide notice of breach of warranty, prior to pursuing a legal remedy, after termination of contract. (McDADE and SCHMIDT, concurring.)