Circuit court erred when it concluded that Plaintiffs (construction companies) are barred from recovering the remaining sums they seek for emergency repair and reconstruction work they performed, after a serious fire at Proviso East High School, on behalf of Board of Education solely because certain steps normally required by School Code for approval of contracts may not have been followed. Appellate court properly held that construction companies are entitled to proceed against the Board based on quantum meruit. The fact that the Board may not have strictly complied with the bidding and approval procedures does not doom Plaintiffs' right to seek payment. Based on allegations of Plaintiffs' complaint, Plaintiffs furnished valuable services which Board received under circumstances that would make it unjust to retain without paying a reasonable sum in compensation. (BURKE, KILBRIDE, THEIS, and NEVILLE, concurring.)
Illinois Supreme Court
Civil Court
Quantum Meruit