Consolidated cases involving a construction project at O'Hare Airport. Various judgments are affirmed, others, including judgment entered on claim for a lien against public funds, and on claim for quantum meruit, are reversed. As appellant committed the first material breach of contract, and other company withheld payment as allowed by contract, appellant was not entitled to recover on its breach of contract claim. As defective welds were a material breach of contract, the fact that they were just a portion of total welds performed by appellant does not show that breach was unsubstantial. Each of the setoffs imposed by court must be reversed, pursuant to Section 12-178 of Code of Civil Procedure. Claims arising from defective welding were expressly excluded from coverage under policy. (ROCHFORD and HALL, concurring.)
Illinois Appellate Court
Civil Court
Breach of Contract